Description The U S Department Of Health And Human Services Dhhs National Institutes Of Health Nih National Cancer Institute Nci Center For Cancer Research Ccr Laboratory Of Cancer Biology And Genetics Lcbg Requires The Procurement Of One 1 Live Cell Analysis System This Is A Combined Synopsis Solicitation For Commercial Items Prepared In Accordance With The Format In Far 12 6 As Supplemented With Additional Information Included In This Notice And Shall Be Processed In Accordance With Far Part 13 Simplified Acquisition Procedures This Announcement Constitutes The Only Solicitation And A Separate Written Solicitation Will Not Be Issued This Solicitation 75N91020q00069 Is Issued As A Request For Quote Rfq And Includes All Applicable Provisions And Clauses In Effect Through Far Federal Acquisition Circular Fac 2020 05 03 30 2020 Simplified Acquisition Procedures For Commercial Items The North American Industry Classification System Naics Code Is 334516 And The Business Size Standard Is 1 000 Employees Only One Award Will Be Made As A Result Of This Solicitation This Will Be Awarded As A Firm Fixed Price Type Purchase Order This Is A Total Small Business Set Aside 1 0 Brand Name Or Equal This Requirement Is For One 1 Brand Name Or Equal Incucyte S3 Live Cell Analysis System The Federal Acquisition Regulation Far Provision Far 52 211 6 Brand Name Or Equal Aug 1999 Is Applicable To This Requirement 2 0 Background The U S Department Of Health And Human Services Dhhs National Institutes Of Health Nih National Cancer Institute Nci Center For Cancer Research Ccr Laboratory Of Cancer Biology And Genetics Lcbg Requires The Procurement Of One 1 Brand Name Or Equal Incucyte S3 Live Cell Analysis System The Lcbg Currently Encompasses The Work Of 11 Principal Investigators Supervising Independent Research Programs With Highly Overlapping Experimental Goals And Approaches These Investigators Conduct A Well Integrated Research Program Consisting Of Basic And Translational Components That Are Designed To Elucidate The Cellular And Tissue Changes Associated With Specific Stages Of Carcinogenesis Detect And Characterize Genetic Modifiers Fundamental To Cancer Susceptibility And Progression Define The Molecular Mechanisms Involved In The Pathogenesis Of Major Human Cancers And Develop Rational Approaches For Cancer Prevention And Treatment Studies Are Performed In Vivo In Animal Models In Vitro In Cell And Organ Culture And On Tissues And Cells Obtained From Human Volunteers And Cancer Patients Many Principal Investigators Conduct Research Using Cell Culture To Study Cancer Stem Cells Screen Sgrna Library Or Small Molecules For Therapeutic Targets Or Signal Transduction Pathways For Oncogenic Transformation Therefore The Instrument Must Be Capable Of Measuring Cell Proliferation And Cell Death Over Time By Using Live Cell Imaging In Standardized Assay Formats Involving 96 And 384 Well Plates As Well As Perform 6 Independent Experiments In Parallel The Instrument Also Must Be Capable To Detect 3D Spheroids Formed By Cancer Cells In 96 Well U Bottom Plates Or 6 And 12 Well Plates 3 0 Type Of Order This Is A Firm Fixed Price Purchase Order 4 0 Special Order Requirements 4 1 Product Features Salient Characteristics The Following Product Features Characteristics Are Required The Instrument Must Allow Remote Access By Multiple Users To Set Up And Monitor Experiments And Analyze And Export Data Including Images And Movies Accurately Measure Proliferation And Cell Death Overtime In Standardized Assay Formats Including 96 Well And 384 Well Plate Formats The Instrument Shall Be Fully Automated To Take Accurate Images From These Plate Formats Without The Typical Artifacts From Standard Imaging Systems Such As A Halo Around Cells Or Rounded Cells Appearing Dark This Is Important For Subsequent Analyses Because One Can Distinctly Identify Cell Morphology In Order To Quantitatively Measure Cell Proliferation And Cell Death Over Time Throughput To Perform Multiple Experiments In Parallel 6 Different Plates Can Be Independently Imaged In Parallel Each With Their Own Unique Parameters The Instrument Shall Hold Up To 6 Tissue Culture Dishes And Be Compatible With The Current Tissue Culture Incubator Panasonic Mco 170 That Has Internal Dimensions Of 19 3 X 20 6 X 26 2 Inches And A Reinforced Shelf To Hold Equipment Perform Measurements Without Having To Remove Cells From Incubator For Significant Amounts Of Time The Instrument Shall Function Entirely Within A Standard Tissue Culture Incubator And Shall Therefore Maintain The Exact Environment As Cells Growing In Normal Culture Conditions There Is No Need For Any Special Hardware Other Than A Shelf This Eliminates Artifacts From Having To Move Cells In And Out Of The Incubator In Order To Image Or Analyze Which Can Affect Cell Viability By Resulting Changes In Temperature And Ph This Can Be Significant As Imaging 96 Or 384 Wells Takes A Significant Amount Of Time Image Fluorescently Labeled Cells Cells Are Typically Labeled With Fluorescent Proteins To Track Different Cellular Populations Over Time The Instrument Shall Have Optics And Filters To Measure Both Green 440 480 Nm Wavelength Excitation 504 544 Nm Wavelength Emission And Red 565 605 Nm Wavelength Excitation 625 705 Nm Wavelength Emission Fluorescent Proteins Which Are Both Used Extensively In The Lab Automated Imaging Over Time Without Having To Reposition Plates Since Dying Cells Typically Detach From The Surface Of A Tissue Culture Plate It Is Critical To Be Able To Image Without Having The Plate Being Repositioned The Instrument Shall Keep The Plate Stationary And Move The Optics Below Each Plate Multiple Objectives To Measure Different Cell Types Plate Types And Cell Morphologies The Instrument Shall Come Equipped With 4X 10X And 20X Objectives Suitable To Accommodate All These Conditions Software That Will Generate Proliferation Curves Cell Death Curves And Quantification Of Fluorescently Labeled Cells The Instrument Software Shall Take Imaging Data And Convert It To Confluency Cell Count Morphology Apoptosis Measure Fluorescent Count Fluorescent Confluency Fluorescence Intensity Ability To Perform Adaptive Segmentation And Top Hat Background Subtraction Algorithms Which Are Designed To Minimize The Background Effects From Intrinsic Fluorescence Of Some Types Of Media As Well As From Fluorescently Labeled Cells This Correction Is Particularly Important In 96 And 384 Well Formats Where Background Effects Are More Pronounced Terabyte Scale Data Storage Capacity Capturing Hundreds Of Images Over Time Requires Significant Data Storage And Instrument Has Internal 16 4 Terabyte Of Storage 4 2 Delivery Installation Delivery Shall Be Within 60 Business Days Of Purchase Order Award All Shipping Handling Including Fob And Delivery Installation Fees Shall Be Included In The Quote Upon Delivery Contractor Shall Notify The Nci Technical Point Of Contact Poc Tbd At Award To Schedule The Installation Date And Time That Shall Occur Within 14 Business Days After Delivery Installation Shall Be Performed By Or Under The Direct Supervision Of An Original Equipment Manufacturer Oem Certified Operator The Contractor Shall Deliver And Install The Equipment At The Following Address Attn Tbd At Award Laboratory Of Cancer Biology And Genetics Ccr Nci Nih 37 Convent Drive Building 37 Rm 4060B Bethesda Md 20892 E Mail Tbd At Award Telephone Tbd At Award Due To Covid 19 Please See Special Delivery Instructions Requirements In Section 8 0 General Instructions Below 4 3 Training Within 30 Business Days After Installation 1 Business Day Of Training Shall Be Provided On Site For At Least One Primary User All Training Expenses Including Materials And Or Travel Expenses Shall Be Included In The Quoted Price 4 4 Warranty A Minimum Of 12 Months Warranty Shall Be Included Which Covers The Cost Of Repair And Or Replacement Including Labor Or Any Defect In Workmanship Or Parts 5 0 Payment Payment Shall Be Made Upon Delivery Inspection And Acceptance By The Government Payment Authorization Requires Submission And Approval Of Invoices To The Nci Technical Point Of Contact And Nih Ofm In Accordance With The Payment Provisions Listed Below The Following Clause Is Applicable To All Purchase Orders Task Or Delivery Orders And Blanket Purchase Agreement Bpa Calls Prompt Payment Jan 2017 Far 52 232 25 Highlights Of This Clause And Nih Implementation Requirements Follow I Invoice Requirements A An Invoice Is The Contractor s Bill Or Written Request For Payment Under The Contract For Supplies Delivered Or Services Performed A Proper Invoice Is An Original Which Must Include The Items Listed In Subdivisions 1 Through 12 Below In Addition To The Requirements Of Far 32 9 If The Invoice Does Not Comply With These Requirements The Contractor Will Be Notified Of The Defect Within 7 Days After The Date The Designated Billing Office Received The Invoice 3 Days For Meat Meat Food Products Or Fish And 5 Days For Perishable Agricultural Commodities Dairy Products Edible Fats Or Oils With A Statement Of The Reasons Why It Is Not A Proper Invoice See Exceptions Under Ii Below Untimely Notification Will Be Taken Into Account In The Computation Of Any Interest Penalty Owed The Contractor 1 Vendor Contractor Name Address Point Of Contact For The Invoice Name Title Telephone Number E Mail And Mailing Address Of Point Of Contact 2 Remit To Address Name And Complete Mailing Address To Send Payment 3 Remittance Name Must Match Exactly With Name On Original Order Contract If The Remittance Name Differs From The Legal Business Name Then Both Names Must Appear On The Invoice 4 Invoice Date 5 Unique Invoice S For All Invoices Per Vendor Regardless Of Site 6 Nbs Document Number Formats Must Be Included For Awards Created In The Nbs Contract Number Purchase Order Number Task Or Delivery Order Number And Source Award Number E G Indefinite Delivery Contract Number General Services Administration Number Or Bpa Call Number And Bpa Parent Award Number 7 Data Universal Numbering System Duns Or Duns 4 As Registered In The Central Contractor Registration Ccr 8 Federal Taxpayer Identification Number Tin In Those Exceptional Cases Where A Contractor Does Not Have A Duns Number Or Tin A Vendor Identification Number Vin Must Be Referenced On The Invoice The Vin Is The Number That Appears After The Contractor S Name On The Face Page Of The Award Document 9 Identify That Payment Is To Be Made Using A Three Way Match 10 Of Supplies Services That Match The Description On The Award By Line Billed 11 Freight Or Delivery Charge Must Be Billed As Shown On The Award If It Is Included In The Item Price Do Not Bill It Separately If Identified In The Award As A Separate Line Item It Must Be Billed Separately 12 Quantity Unit Of Measure Unit Price Extended Price Of Supplies Delivered Or Services Performed As Applicable And That Match The Line Items Specified In The Award Note If Your Invoice Must Differ From The Line Items On The Award Please Contact The Contracting Officer Before Submitting The Invoice A Modification To The Order Or Contract May Be Needed Before The Invoice Can Be Submitted And Paid B Shipping Costs Will Be Reimbursed Only If Authorized By The Contract Purchase Order If Authorized Shipping Costs Must Be Itemized Where Shipping Costs Exceed 100 The Invoice Must Be Supported By A Bill Of Lading Or A Paid Carrier s Receipt C Mail An Original And 1 Copy Of The Itemized Invoice To National Institutes Of Health Office Of Financial Management Commercial Accounts 2115 East Jefferson Street Room 4B 432 Msc 8500 Bethesda Md 20892 8500 For Inquiries Regarding Payment Call 301 496 6088 In Order To Facilitate The Prompt Payment Of Invoices It Is Recommended That The Vendor Submit A Photocopy Of The Invoice To The Consignee Designated For The Acquisition In Blocks 6A 6E Of The Face Page Of The Order Award Document Ii Electronic Invoice Submission The Current National Emergency And The Need To Protect Federal And Contractor Staff Has Resulted In A Change To Nih S Invoice Submission Process Effective Wednesday April 1 2020 All Nih Contractors Vendors Invoices Should Be Sent Electronically Via Email To The Nih Office Of Financial Management Ofm And The Nih Contracting Officer Co Using The Electronic Submission Instructions Contained In Attachment 1 Electronic Invoice Submission Shall Remain In Effect Until The Government Formally Notifies The Contractor Of A Return To Mail In Invoice Procedures Detailed In This Purchase Order Iii Invoice Payment A Except As Indicated In Paragraph B Below The Due Date For Making Invoice Payments By The Designated Payment Office Shall Be The Later Of The Following Two Events 1 The 30Th Day After The Designated Billing Office Has Received A Proper Invoice 2 The 30Th Day After Government Acceptance Of Supplies Delivered Or Services Performed B The Due Date For Making Invoice Payments For Meat And Meat Food Products Perishable Agricultural Commodities Dairy Products And Edible Fats Or Oils Shall Be In Accordance With The Prompt Payment Act As Amended Iv Interest Penalties A An Interest Penalty Shall Be Paid Automatically If Payment Is Not Made By The Due Date And The Conditions Listed Below Are Met If Applicable 1 A Proper Invoice Was Received By The Designated Billing Office 2 A Receiving Report Or Other Government Documentation Authorizing Payment Was Processed And There Was No Disagreement Over Quantity Quality Or Contractor Compliance With A Term Or Condition 3 In The Case Of A Final Invoice For Any Balance Of Funds Due The Contractor For Supplies Delivered Or Services Performed The Amount Was Not Subject To Further Settlement Actions Between The Government And The Contractor C Determination Of Interest And Penalties Due Will Be Made In Accordance With The Provisions Of The Prompt Payment Act As Amended The Contract Disputes Act And Regulations Issued By The Office Of Management And Budget Iv Providing Accelerated Payment To Small Business Subcontractors Far 52 232 40 Dec 2013 A Upon Receipt Of Accelerated Payments From The Government The Contractor Shall Make Accelerated Payments To Its Small Business Subcontractors Under This Contract To The Maximum Extent Practicable And Prior To When Such Payment Is Otherwise Required Under The Applicable Contract Or Subcontract After Receipt Of A Proper Invoice And All Other Required Documentation From The Small Business Subcontractor B The Acceleration Of Payments Under This Clause Does Not Provide Any New Rights Under The Prompt Payment Act Include The Substance Of This Clause Include This Paragraph C In All Subcontracts With Small Business Concerns Including Subcontracts With Small Business Concerns For The Acquisition Of Commercial Items 6 0 Provisions And Clauses Far 52 204 25 Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment Aug 2019 A Definitions As Used In This Clause Covered Foreign Country Means The People S Republic Of China Covered Telecommunications Equipment Or Services Means 1 Telecommunications Equipment Produced By Huawei Technologies Company Or Zte Corporation Or Any Subsidiary Or Affiliate Of Such Entities 2 For The Purpose Of Public Safety Security Of Government Facilities Physical Security Surveillance Of Critical Infrastructure And Other National Security Purposes Video Surveillance And Telecommunications Equipment Produced By Hytera Communications Corporation Hangzhou Hikvision Digital Technology Company Or Dahua Technology Company Or Any Subsidiary Or Affiliate Of Such Entities 3 Telecommunications Or Video Surveillance Services Provided By Such Entities Or Using Such Equipment Or 4 Telecommunications Or Video Surveillance Equipment Or Services Produced Or Provided By An Entity That The Secretary Of Defense In Consultation With The Director Of National Intelligence Or The Director Of The Federal Bureau Of Investigation Reasonably Believes To Be An Entity Owned Or Controlled By Or Otherwise Connected To The Government Of A Covered Foreign Country Critical Technology Means 1 Defense Articles Or Defense Services Included On The United States Munitions List Set Forth In The International Traffic In Arms Regulations Under Subchapter M Of Chapter I Of Title 22 Code Of Federal Regulations 2 Items Included On The Commerce Control List Set Forth In Supplement No 1 To Part 774 Of The Export Administration Regulations Under Subchapter C Of Chapter Vii Of Title 15 Code Of Federal Regulations And Controlled I Pursuant To Multilateral Regimes Including For Reasons Relating To National Security Chemical And Biological Weapons Proliferation Nuclear Nonproliferation Or Missile Technology Or Ii For Reasons Relating To Regional Stability Or Surreptitious Listening 3 Specially Designed And Prepared Nuclear Equipment Parts And Components Materials Software And Technology Covered By Part 810 Of Title 10 Code Of Federal Regulations Relating To Assistance To Foreign Atomic Energy Activities 4 Nuclear Facilities Equipment And Material Covered By Part 110 Of Title 10 Code Of Federal Regulations Relating To Export And Import Of Nuclear Equipment And Material 5 Select Agents And Toxins Covered By Part 331 Of Title 7 Code Of Federal Regulations Part 121 Of Title 9 Of Such Code Or Part 73 Of Title 42 Of Such Code Or 6 Emerging And Foundational Technologies Controlled Pursuant To Section 1758 Of The Export Control Reform Act Of 2018 50 U S C 4817 Substantial Or Essential Component Means Any Component Necessary For The Proper Function Or Performance Of A Piece Of Equipment System Or Service B Prohibition Section 889 A 1 A Of The John S Mccain National Defense Authorization Act For Fiscal Year 2019 Pub L 115 232 Prohibits The Head Of An Executive Agency On Or After August 13 2019 From Procuring Or Obtaining Or Extending Or Renewing A Contract To Procure Or Obtain Any Equipment System Or Service That Uses Covered Telecommunications Equipment Or Services As A Substantial Or Essential Component Of Any System Or As Critical Technology As Part Of Any System The Contractor Is Prohibited From Providing To The Government Any Equipment System Or Service That Uses Covered Telecommunications Equipment Or Services As A Substantial Or Essential Component Of Any System Or As Critical Technology As Part Of Any System Unless An Exception At Paragraph C Of This Clause Applies Or The Covered Telecommunication Equipment Or Services Are Covered By A Waiver Described In Federal Acquisition Regulation 4 2104 C Exceptions This Clause Does Not Prohibit Contractors From Providing 1 A Service That Connects To The Facilities Of A Third Party Such As Backhaul Roaming Or Interconnection Arrangements Or 2 Telecommunications Equipment That Cannot Route Or Redirect User Data Traffic Or Permit Visibility Into Any User Data Or Packets That Such Equipment Transmits Or Otherwise Handles D Reporting Requirement 1 In The Event The Contractor Identifies Covered Telecommunications Equipment Or Services Used As A Substantial Or Essential Component Of Any System Or As Critical Technology As Part Of Any System During Contract Performance Or The Contractor Is Notified Of Such By A Subcontractor At Any Tier Or By Any Other Source The Contractor Shall Report The Information In Paragraph D 2 Of This Clause To The Contracting Officer Unless Elsewhere In This Contract Are Established Procedures For Reporting The Information In The Case Of The Department Of Defense The Contractor Shall Report To The Website At Https Dibnet Dod Mil For Indefinite Delivery Contracts The Contractor Shall Report To The Contracting Officer For The Indefinite Delivery Contract And The Contracting Officer S For Any Affected Order Or In The Case Of The Department Of Defense Identify Both The Indefinite Delivery Contract And Any Affected Orders In The Report Provided At Https Dibnet Dod Mil 2 The Contractor Shall Report The Following Information Pursuant To Paragraph D 1 Of This Clause I Within One Business Day From The Date Of Such Identification Or Notification The Contract Number The Order Number S If Applicable Supplier Name Supplier Unique Entity Identifier If Known Supplier Commercial And Government Entity Cage Code If Known Brand Model Number Original Equipment Manufacturer Number Manufacturer Part Number Or Wholesaler Number Item Description And Any Readily Available Information About Mitigation Actions Undertaken Or Recommended Ii Within 10 Business Days Of Submitting The Information In Paragraph D 2 I Of This Clause Any Further Available Information About Mitigation Actions Undertaken Or Recommended In Addition The Contractor Shall Describe The Efforts It Undertook To Prevent Use Or Submission Of Covered Telecommunications Equipment Or Services And Any Iii Additional Efforts That Will Be Incorporated To Prevent Future Use Or Submission Of Covered Telecommunications Equipment Or Services E Subcontracts The Contractor Shall Insert The Substance Of This Clause Including This Paragraph E In All Subcontracts And Other Contractual Instruments Including Subcontracts For The Acquisition Of Commercial Items Far 52 212 5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders Commercial Items Mar 2020 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 52 203 19 Prohibition On Requiring Certain Internal Confidentiality Agreements Or Statements Jan 2017 Section 743 Of Division E Title Vii Of The Consolidated And Further Continuing Appropriations Act 2015 Pub L 113 235 And Its Successor Provisions In Subsequent Appropriations Acts And As Extended In Continuing Resolutions 2 52 204 23 Prohibition On Contracting For Hardware Software And Services Developed Or Provided By Kaspersky Lab And Other Covered Entities Jul 2018 Section 1634 Of Pub L 115 91 3 52 204 25 Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment Aug 2019 Section 889 A 1 A Of Pub L 115 232 4 52 209 10 Prohibition On Contracting With Inverted Domestic Corporations Nov 2015 5 52 233 3 Protest After Award Aug 1996 31 U S C 3553 6 52 233 4 Applicable Law For Breach Of Contract Claim Oct 2004 Public Laws 108 77 And 108 78 19 U S C 3805Note 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 4704 And 10 U S C 2402 2 52 203 13 Contractor Code Of Business Ethics And Conduct Oct 2015 41 U S C 3509 3 52 203 15 Whistleblower Protections Under The American Recovery And Reinvestment Act Of 2009 June 2010 Section 1553 Of Pub L 111 5 Applies To Contracts Funded By The American Recovery And Reinvestment Act Of 2009 X 4 52 204 10 Reporting Executive Compensation And First Tier Subcontract Awards Oct 2018 Pub L 109 282 31 U S C 6101 Note 5 Reserved 6 52 204 14 Service Contract Reporting Requirements Oct 2016 Pub L 111 117 Section 743 Of Div C 7 52 204 15 Service Contract Reporting Requirements For Indefinite Delivery Contracts Oct 2016 Pub L 111 117 Section 743 Of Div C X 8 52 209 6 Protecting The Government S Interest When Subcontracting With Contractors Debarred Suspended Or Proposed For Debarment Oct 2015 31 U S C 6101Note 9 52 209 9 Updates Of Publicly Available Information Regarding Responsibility Matters Oct 2018 41 U S C 2313 10 Reserved 11 I 52 219 3 Notice Of Hubzone Set Aside Or Sole Source Award Mar 2020 15 U S C 657A Ii Alternate I Mar 2020 Of 52 219 3 12 I 52 219 4 Notice Of Price Evaluation Preference For Hubzone Small Business Concerns Mar 2020 If The Offeror Elects To Waive The Preference It Shall So Indicate In Its Offer 15 U S C 657A Ii Alternate I Mar 2020 Of 52 219 4 13 Reserved X 14 I 52 219 6 Notice Of Total Small Business Set Aside Mar 2020 15 U S C 644 Ii Alternate I Mar 2020 Iii Alternate Ii Nov 2011 15 I 52 219 7 Notice Of Partial Small Business Set Aside Mar 2020 15 U S C 644 Ii Alternate I Mar 2020 Of 52 219 7 Iii Alternate Ii Mar 2004 Of 52 219 7 16 52 219 8 Utilization Of Small Business Concerns Oct 2018 15 U S C 637 D 2 And 3 17 I 52 219 9 Small Business Subcontracting Plan Mar 2020 15 U S C 637 D 4 Ii Alternate I Nov 2016 Of 52 219 9 Iii Alternate Ii Nov 2016 Of 52 219 9 Iv Alternate Iii Mar 2020 Of 52 219 9 V Alternate Iv Aug 2018 Of 52 219 9 X 18 52 219 13 Notice Of Set Aside Of Orders Mar 2020 15 U S C 644 R 19 52 219 14 Limitations On Subcontracting Mar 2020 15 U S C 637 A 14 20 52 219 16 Liquidated Damages Subcontracting Plan Jan 1999 15 U S C 637 D 4 F I 21 52 219 27 Notice Of Service Disabled Veteran Owned Small Business Set Aside Mar 2020 15 U S C 657F X 22 I 52 219 28 Post Award Small Business Program Rerepresentation Mar 2020 15 U S C 632 A 2 Ii Alternate I Mar 2020 Of 52 219 28 23 52 219 29 Notice Of Set Aside For Or Sole Source Award To Economically Disadvantaged Women Owned Small Business Concerns Mar 2020 15 U S C 637 M 24 52 219 30 Notice Of Set Aside For Or Sole Source Award To Women Owned Small Business Concerns Eligible Under The Women Owned Small Business Program Mar 2020 15 U S C 637 M X 25 52 219 32 Orders Issued Directly Under Small Business Reserves Mar 2020 15 U S C 644 R 26 52 219 33 Nonmanufacturer Rule Mar 2020 15 U S C 637 A 17 X 27 52 222 3 Convict Labor June 2003 E O 11755 X 28 52 222 19 Child Labor Cooperation With Authorities And Remedies Jan 2020 E O 13126 X 29 52 222 21 Prohibition Of Segregated Facilities Apr 2015 X 30 I 52 222 26 Equal Opportunity Sept 2016 E O 11246 Ii Alternate I Feb 1999 Of 52 222 26 31 I 52 222 35 Equal Opportunity For Veterans Oct 2015 38 U S C 4212 Ii Alternate I July 2014 Of 52 222 35 X 32 I 52 222 36 Equal Opportunity For Workers With Disabilities Jul 2014 29 U S C 793 Ii Alternate I July 2014 Of 52 222 36 33 52 222 37 Employment Reports On Veterans Feb 2016 38 U S C 4212 34 52 222 40 Notification Of Employee Rights Under The National Labor Relations Act Dec 2010 E O 13496 X 35 I 52 222 50 Combating Trafficking In Persons Jan 2019 22 U S C Chapter 78 And E O 13627 Ii Alternate I Mar 2015 Of 52 222 50 22 U S C Chapter78 And E O 13627 36 52 222 54 Employment Eligibility Verification Oct 2015 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 37 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 38 52 223 11 Ozone Depleting Substances And High Global Warming Potential Hydrofluorocarbons Jun 2016 E O 13693 39 52 223 12 Maintenance Service Repair Or Disposal Of Refrigeration Equipment And Air Conditioners Jun 2016 E O 13693 40 I 52 223 13 Acquisition Of Epeat Registered Imaging Equipment Jun 2014 E O S 13423 And 13514 Ii Alternate I Oct 2015 Of 52 223 13 41 I 52 223 14 Acquisition Of Epeat Registered Televisions Jun 2014 E O S 13423 And 13514 Ii Alternate I Jun 2014 Of 52 223 14 42 52 223 15 Energy Efficiency In Energy Consuming Products Dec 2007 42 U S C 8259B 43 I 52 223 16 Acquisition Of Epeat Registered Personal Computer Products Oct 2015 E O S 13423 And 13514 Ii Alternate I Jun 2014 Of 52 223 16 X 44 52 223 18 Encouraging Contractor Policies To Ban Text Messaging While Driving Aug 2011 E O 13513 45 52 223 20 Aerosols Jun 2016 E O 13693 46 52 223 21 Foams Jun 2016 E O 13693 47 I 52 224 3 Privacy Training Jan 2017 5 U S C 552 A Ii Alternate I Jan 2017 Of 52 224 3 48 52 225 1 Buy American Supplies May 2014 41 U S C Chapter 83 49 I 52 225 3 Buy American Free Trade Agreements Israeli Trade Act May 2014 41 U S C Chapter 83 19 U S C 3301 Note 19 U S C 2112 Note 19 U S C 3805 Note 19 U S C 4001 Note Pub L 103 182 108 77 108 78 108 286 108 302 109 53 109 169 109 283 110 138 112 41 112 42 And 112 43 Ii Alternate I May 2014 Of 52 225 3 Iii Alternate Ii May 2014 Of 52 225 3 Iv Alternate Iii May 2014 Of 52 225 3 50 52 225 5 Trade Agreements Oct 2019 19 U S C 2501 Et Seq 19 U S C 3301 Note X 51 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 52 52 225 26 Contractors Performing Private Security Functions Outside The United States Oct 2016 Section 862 As Amended Of The National Defense Authorization Act For Fiscal Year 2008 10 U S C 2302 Note 53 52 226 4 Notice Of Disaster Or Emergency Area Set Aside Nov 2007 42 U S C 5150 54 52 226 5 Restrictions On Subcontracting Outside Disaster Or Emergency Area Nov 2007 42 U S C 5150 55 52 232 29 Terms For Financing Of Purchases Of Commercial Items Feb 2002 41 U S C 4505 10 U S C 2307 F 56 52 232 30 Installment Payments For Commercial Items Jan 2017 41 U S C 4505 10 U S C 2307 F X 57 52 232 33 Payment By Electronic Funds Transfer System For Award Management Oct 2018 31 U S C 3332 58 52 232 34 Payment By Electronic Funds Transfer Other Than System For Award Management Jul 2013 31 U S C 3332 59 52 232 36 Payment By Third Party May 2014 31 U S C 3332 60 52 239 1 Privacy Or Security Safeguards Aug 1996 5 U S C 552A 61 52 242 5 Payments To Small Business Subcontractors Jan 2017 15 U S C 637 D 13 62 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 Iii Alternate Ii Feb 2006 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 1 52 222 17 Nondisplacement Of Qualified Workers May 2014 E O 13495 2 52 222 41 Service Contract Labor Standards Aug 2018 41 U S C Chapter 67 3 52 222 42 Statement Of Equivalent Rates For Federal Hires May 2014 29 U S C 206 And 41 U S C Chapter 67 4 52 222 43 Fair Labor Standards Act And Service Contract Labor Standards Price Adjustment Multiple Year And Option Contracts Aug 2018 29 U S C 206 And 41 U S C Chapter 67 5 52 222 44 Fair Labor Standards Act And Service Contract Labor Standards Price Adjustment May 2014 29 U S C 206 And 41 U S C Chapter 67 6 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 7 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 8 52 222 55 Minimum Wages Under Executive Order 13658 Dec 2015 9 52 222 62 Paid Sick Leave Under Executive Order 13706 Jan 2017 E O 13706 10 52 226 6 Promoting Excess Food Donation To Nonprofit Organizations May 2014 42 U S C 1792 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 Oct 2015 41 U S C 3509 Ii 52 203 19 Prohibition On Requiring Certain Internal Confidentiality Agreements Or Statements Jan 2017 Section 743 Of Division E Title Vii Of The Consolidated And Further Continuing Appropriations Act 2015 Pub L 113 235 And Its Successor Provisions In Subsequent Appropriations Acts And As Extended In Continuing Resolutions Iii 52 204 23 Prohibition On Contracting For Hardware Software And Services Developed Or Provided By Kaspersky Lab And Other Covered Entities Jul 2018 Section 1634 Of Pub L 115 91 Iv 52 204 25 Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment Aug 2019 Section 889 A 1 A Of Pub L 115 232 V 52 219 8 Utilization Of Small Business Concerns Oct 2018 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 700 000 1 5 Million For Construction Of Any Public Facility The Subcontractor Must Include 52 219 8 In Lower Tier Subcontracts That Offer Subcontracting Opportunities Vi 52 222 17 Nondisplacement Of Qualified Workers May 2014 E O 13495 Flow Down Required In Accordance With Paragraph L Of Far Clause 52 222 17 Vii 52 222 21 Prohibition Of Segregated Facilities Apr 2015 Viii 52 222 26 Equal Opportunity Sept 2015 E O 11246 Ix 52 222 35 Equal Opportunity For Veterans Oct 2015 38 U S C 4212 X 52 222 36 Equal Opportunity For Workers With Disabilities Jul 2014 29 U S C 793 Xi 52 222 37 Employment Reports On Veterans Feb 2016 38 U S C 4212 Xii 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 Xiii 52 222 41 Service Contract Labor Standards Aug 2018 41 U S C Chapter 67 Xiv A 52 222 50 Combating Trafficking In Persons Jan 2019 22 U S C Chapter 78 And E O 13627 B Alternate I Mar 2015 Of 52 222 50 22 U S C Chapter 78And E O 13627 Xv 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 Xvi 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 Xvii 52 222 54 Employment Eligibility Verification Oct 2015 E O 12989 Xviii 52 222 55 Minimum Wages Under Executive Order 13658 Dec 2015 Xix 52 222 62 Paid Sick Leave Under Executive Order 13706 Jan 2017 E O 13706 Xx A 52 224 3 Privacy Training Jan 2017 5 U S C 552A B Alternate I Jan 2017 Of 52 224 3 Xxi 52 225 26 Contractors Performing Private Security Functions Outside The United States Oct 2016 Section 862 As Amended Of The National Defense Authorization Act For Fiscal Year 2008 10 U S C 2302 Note Xxii 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 Xxiii 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 Far 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 This These Address Es Http Www Acquisition Gov Far And Or Http Www Hhs Gov Policies Hhsar Federal Acquisition Regulation Far 48 Cfr Chapter 1 Provisions Clause No Title Far 52 212 4 Contract Terms And Conditions Commercial Items Oct 2018 Far 52 232 39 Unenforceability Of Unauthorized Obligations Jun 2013 Far 52 247 35 F O B Destination Within Consignee S Premises Apr 1984 Health And Human Serices Acquisition Regulation Hhsar 48 Cfr Chapter 3 Provisions Clause No Title Hhsar 352 222 70 Contractor Cooperation In Equal Employment Opportunity Investigation Dec 2015 7 0 Solicitation Provisions Far 52 204 24 Representation Regarding Certain Telecommunications And Video Surveillance Services Or Equipment Dec 2019 A Definitions As Used In This Provision Covered Telecommunications Equipment Or Services Critical Technology And Substantial Or Essential Component Have The Meanings Provided In Clause 52 204 25 Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment B Prohibition Section 889 A 1 A Of The John S Mccain National Defense Authorization Act For Fiscal Year 2019 Pub L 115 232 Prohibits The Head Of An Executive Agency On Or After August 13 2019 From Procuring Or Obtaining Or Extending Or Renewing A Contract To Procure Or Obtain Any Equipment System Or Service That Uses Covered Telecommunications Equipment Or Services As A Substantial Or Essential Component Of Any System Or As Critical Technology As Part Of Any System Contractors Are Not Prohibited From Providing 1 A Service That Connects To The Facilities Of A Third Party Such As Backhaul Roaming Or Interconnection Arrangements Or 2 Telecommunications Equipment That Cannot Route Or Redirect User Data Traffic Or Permit Visibility Into Any User Data Or Packets That Such Equipment Transmits Or Otherwise Handles C Procedures The Offeror Shall Review The List Of Excluded Parties In The System For Award Management Sam Https Www Sam Gov For Entities Excluded From Receiving Federal Awards For Covered Telecommunications Equipment Or Services D Representation The Offeror Represents That It Will Will Not Provide Covered Telecommunications Equipment Or Services To The Government In The Performance Of Any Contract Subcontract Or Other Contractual Instrument Resulting From This Solicitation E Disclosures If The Offeror Has Represented In Paragraph D Of This Provision That It Will Provide Covered Telecommunications Equipment Or Services The Offeror Shall Provide The Following Information As Part Of The Offer 1 A Description Of All Covered Telecommunications Equipment And Services Offered Include Brand Model Number Such As Original Equipment Manufacturer Oem Number Manufacturer Part Number Or Wholesaler Number And Item Description As Applicable 2 Explanation Of The Proposed Use Of Covered Telecommunications Equipment And Services And Any Factors Relevant To Determining If Such Use Would Be Permissible Under The Prohibition In Paragraph B Of This Provision 3 For Services The Entity Providing The Covered Telecommunications Services Include Entity Name Unique Entity Identifier And Commercial And Government Entity Cage Code If Known And 4 For Equipment The Entity That Produced The Covered Telecommunications Equipment Include Entity Name Unique Entity Identifier Cage Code And Whether The Entity Was The Oem Or A Distributor If Known Far 52 211 6 Brand Name Or Equal Aug 1999 A If An Item In This Solicitation Is Identified As Brand Name Or Equal The Purchase Description Reflects The Characteristics And Level Of Quality That Will Satisfy The Government S Needs The Salient Physical Functional Or Performance Characteristics That Equal Products Must Meet Are Specified In The Solicitation B To Be Considered For Award Offers Of Equal Products Including Equal Products Of The Brand Name Manufacturer Must 1 Meet The Salient Physical Functional Or Performance Characteristic Specified In This Solicitation 2 Clearly Identify The Item By I Brand Name If Any And Ii Make Or Model Number 3 Include Descriptive Literature Such As Illustrations Drawings Or A Clear Reference To Previously Furnished Descriptive Data Or Information Available To The Contracting Officer And 4 Clearly Describe Any Modifications The Offeror Plans To Make In A Product To Make It Conform To The Solicitation Requirements Mark Any Descriptive Material To Clearly Show The Modifications C The Contracting Officer Will Evaluate Equal Products On The Basis Of Information Furnished By The Offeror Or Identified In The Offer And Reasonably Available To The Contracting Officer The Contracting Officer Is Not Responsible For Locating Or Obtaining Any Information Not Identified In The Offer D Unless The Offeror Clearly Indicates In Its Offer That The Product Being Offered Is An Equal Product The Offeror Shall Provide The Brand Name Product Referenced In The Solicitation Far 52 252 1 Solicitation Provisions Incorporated By Reference Feb 1998 This Solicitation Incorporates One Or More Solicitation Provisions By Reference With The Same Force And Effect As If They Were Given In Full Text Upon Request The Contracting Officer Will Make Their Full Text Available The Offeror Is Cautioned That The Listed Provisions May Include Blocks That Must Be Completed By The Offeror And Submitted With Its Quotation Or Offer In Lieu Of Submitting The Full Text Of Those Provisions The Offeror May Identify The Provision By Paragraph Identifier And Provide The Appropriate Information With Its Quotation Or Offer Also The Full Text Of A Solicitation Provision May Be Accessed Electronically At This These Address Es Http Www Acquisition Gov Far And Or Http Www Hhs Gov Policies Hhsar Federal Acquisition Regulation Far 48 Cfr Chapter 1 Provisions Clause No Title Far 52 204 22 Alternative Line Item Proposal Jan 2017 Far 52 212 1 Instructions To Offerors Commercial Items Oct 2018 Far 52 212 2 Evaluation Commercial Items Oct 2014 Far 52 214 21 Descriptive Literature Apr 2002 8 0 Submission Instructions Evaluation Questions Questions Must Be Submitted Electronically Via Email To Contracting Officer Megan Kisamore At Megan Kisamore Nih Gov In Ms Word Or Adobe Portable Document Format Pdf No Later Than 3 00 P M Est On Thursday May 7 2020 05 07 2020 Please Be Advised That The Government Reserves The Right To Transmit Any Questions And Answers Of A Common Interest To All Prospective Contractors Quotations Quotations Must Be Submitted Electronically Via Email To Contracting Officer Megan Kisamore At Megan Kisamore Nih Gov In Ms Word Or Adobe Portable Document Format Pdf No Later Than 11 00 A M Est On Friday May 15 2020 05 15 2020 Please Refer To Solicitation Number 75N91020q00069 On All Correspondence Basis For Award Amp Evaluation The Purchase Order Will Be Awarded To The Firm That Submits The Lowest Price Technically Acceptable Lpta Quotation A Technically Acceptable Quote Is One In Which The Quoter S Complies With The Statement Of Need Son And Does Not Take Exception Nor Object To Any Of The Terms Of The Rfq Quotes That Are Not Technically Acceptable Will Not Be Considered For Award Award Will Be Made On All Or None Basis If You Are Providing An Equal Product You Must Submit Additional Documentation That Highlights And Describes How Your Offering Is Equal In Accordance With Far Clause 52 211 6 Evaluation And Award Will Be Conducted In Accordance With The Requirements Of Far 13 106 The Technical Evaluation Will Be A Determination Based On Information Furnished By The Contractor The Government Is Not Responsible For Locating Or Securing Any Information Which Is Not Identified In The Quotation The Government Intends To Evaluate Quotations And Make A Single Award Quotations Should Contain The Quoter S Best Terms From A Price And Technical Standpoint However The Government Reserves The Right To Request Quote Revisions That Seek Additional Price Discounts Provide Revisions To The Technical Quote Or Clarify Aspects Of The Quote In The Event Quote Revisions Are Requested The Government Will Not Necessarily Be Seeking Revisions From All Quoters The Government May Reject Any Or All Quotes If Such Action Is In The Public Interest Accept Other Than The Lowest Quote And Waive Informalities And Minor Irregularities In Quotes Received General Instructions This Request For Quotation Rfq Does Not Commit The Government To Pay Any Cost For Preparation And Submission Of A Quote In Addition The Contracting Officer Is The Only Individual Who Can Legally Commit The Government To The Expenditure Of Public Funds In Connection With This Proposed Acquisition By Submitting A Quote In Response To This Solicitation It Is Understood That Your Firm S Quote Shall Become A Part Of The Official Contract File Quotes Must Be Submitted With A Completed Copy Of Far 52 204 24 Representation Regarding Certain Telecommunications And Video Surveillance Services Or Equipment Located In Section 7 0 Solicitation Provisions Of This Rfq Special Delivery Instructions Covid 19 Due To The Current Covid 19 Pandemic All Quoters Must Pay Close Attention To The Following Delivery Instructions And Ensure That Sufficient Information Is Included In The Quote In Order To Be Considered For An Award Please Be Aware That Due To The Fluidity Of The Existing Pandemic Instructions May Be Updated As Needed After Award All Quotes Must Include Confirmation That Equipment Is Or Will Be Available For Delivery By The Estimated Due Date Offerors Quoters Must Confirm To Store Or Hold Equipment Until Nci Is Ready To Accept The Equipment At No Additional Cost If Applicable The Equipment Will Not Be Sold To Another Company In The Event Nci Is Not Ready To Accept Delivery Due To Unanticipated Changes Related To Covid 19 Training As Required By The Statement Of Work Will Be Made Available And Provided To Required Staff At Different Times If Applicable At No Additional Cost Communicate And Follow Instructions From The Technical Point Of Contact Tpc To Coordinate Delivery Installation And Training The Delivery Address And Tpc S Information Will Be Provided At Time Of Award And Must Be Included As Part Of The Order Shipping Label Deliveries To Nih S Main Campus 37 Convent Drive Must Comply With Commercial Vehicle Inspection Facility Cvif Access Procedures Cvif Will Provide A List Of Buildings With Loading Docks Delivered Items Will Be Logged In And The Loading Dock Contractor Or Government Employee Will Attempt To Contact The Tpc For The Package In The Event The Tpc Is Unable To Accept The Package The Equipment Must Not Be Left At The Loading Dock Station Quoter Must Confirm Another Attempt Will Be Made To Deliver On Another Date At No Additional Cost Deliveries Must Be Made Between 6Am To 4Pm Monday Through Friday Price Quote The Quoter Shall Prepare A Price Quotation That Contains All Information Necessary To Allow For A Comprehensive Evaluation Of The Prices Quoted The Quote Must Contain The Following Information A Federal Tax Identification Number Tin B Data Universal Numbering System Duns Number C Business Size E G Small Or Large Please Include A Statement To The Effect That Pricing Is Firm For A Period Of At Least 60 Days From The Date Of Receipt Thereof By The Government
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