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AMENDMENT 1 - Addition of Attachment 4 - FAR Full Text Clauses

This notice is a combined synopsis/solicitation for commercial items using Simplified Acquisition Procedures. 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 (a written solicitation will not be issued) and quotes are being requested. The Solicitation number is RFQ-NIAID-23-2131634 and the solicitation is issued as a Request for Quotes (RFQ).

This acquisition will be processed under FAR Part 13 Simplified Acquisition Procedures (SAP), FAR Subpart 13.5 – Simplified Procedures for Certain Commercial Items. The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-01 December 30, 2022.

The North American Industry Classification System (NAICS) code for this procurement is 811210 – Electronic and Precision Equipment Repair and Maintenance with a size standard of $34,000,000. The Product or Service Code (PSC) is J066 - Maintenance, Repair, and Rebuilding of Equipment- Instruments and Laboratory Equipment. The requirement is being competed with full and open competition and is not a total small business set-aside.

The government intends to award a single firm-fixed-price purchase order to the responsible offeror to this RFQ that will include the terms and conditions set forth herein. By submitting a quote, the offeror is accepting that all government terms and conditions shall prevail over the award.

By submission of a quote, the Offeror acknowledges the requirement that a prospective awardee shall be registered and viewable in the System for Award Management (SAM) database prior to award, during performance, and through final payment resulting from this solicitation (www.sam.gov).

STATEMENT OF NEED

The National Institute of Allergy and Infectious Diseases (NIAID), Division of Intramural Research (DIR), Comparative Medicine Branch (CMB) is currently seeking sources capable of providing both preventative maintenance and repair services for Autoclave equipment associated with the CMB per the attached Statement of Work (SOW). Equipment includes twenty-four (24) autoclaves and one (1) 1 air compressor per the attached equipment list. Equipment is located in multiple facilities on the main NIH campus at 9000 Rockville Pike, Bethesda, MD.

PERIOD OF PERFORMANCE

The expected period of performance for the base year of this requirement is:

Base Period: 2/1/2023 – 1/31/2024

Option Period 1: 2/1/2024 – 1/31/2025

Option Period 2: 2/1/2025 – 1/31/2026

Option Period 3: 2/1/2026 – 1/31/2027

Option Period 4: 2/1/2027 – 1/31/2028

Quotes should include pricing for the base and all option years.

SITE VISIT

There will be a site visit for prospective offerors on Wednesday, January 18, 2023, from 9:00am-11:00am ET. PRE-REGISTRATION IS REQUIRED. The site visit will be at the performance locations on the NIH Main Campus in Bethesda, Maryland. Interested parties must pre-register no later than Tuesday, January 17, 2023, 1:00pm ET by emailing attendee’s names and company affiliation to Seth Schaffer at seth.schaffer@nih.gov. Because of space limitations, each prospective offeror shall be limited to a maximum of one (1) representative. No photography or audio/video recording is allowed. Attendees may not bring any recording or storage device (cell phones, laptops, etc.) into secure facilities and will be required to surrender IDs at the entrance. Directions and parking information will be furnished with registration confirmation. It is recommended that attendees arrive at least 30 minutes prior to event to allow for parking, security screening, and check-in. Attendance at the site visit is highly recommended; however, attendance is not a prerequisite for offer submission and will not be considered a factor in evaluation of offers.

INSTRUCTIONS

To assure timely and equitable evaluation of quotes, offerors shall follow the instructions contained herein. Offerors are required to meet all solicitation requirement, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Failure to meet a requirement may result in a quote being ineligible for award. Offerors shall clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

All interested parties should submit quotes based on the criteria detailed in the Statement of Work attached to this RFQ. Offerors must submit pricing as follows: Pricing listed per piece of equipment, per each option year. Spreadsheet attached as template for quote formatting. Quotes shall be formatted in a comparable fashion to the quote template attached.

The government intends to evaluate quotes based on the following criteria; technical capabilities, price, key personnel and staffing, and past performance (See evaluation criteria document attached- Attachment 3). Please provide brief details for each criterion with your quote per the details outlined in the attached evaluation criteria document. This information will be used, in addition to price, to make award decision.

If you have questions regarding this requirement, please submit inquires immediately, no later than Friday, January 20, 2023, 3:00 pm ET. The Government will issue an amendment to the RFQ responding to questions, if needed. All questions shall be emailed to Seth Schaffer at seth.schaffer@nih.gov. Quote submission shall be received no later than January 25, 2023 at 3:00pm ET. Quotes may be e-mailed to Seth Schaffer at seth.schaffer@nih.gov. OfferQuotes shall include RFQ number in the subject line (RFQ-NIAID-22-2131634). 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 Seth Schaffer at seth.schaffer@nih.gov.

SPECIAL NOTICE TO OFFERORS

Offerors are advised that the Government may share your information with non-government personnel who are assisting with the evaluation of quotes. The exclusive responsibility for source selection will reside with the Government. By submitting your quote, you will be consenting to disclosure of your quote to non-government personnel for purposes of evaluation.

EVALUATION

The Government intends to award a purchase order resulting from this solicitation to the responsible offeror whose quote, conforming to the solicitation, will be the best value to the Government, price and other factors considered. Offerors must provide sufficient information for the Government to determine its level of confidence in the ability of the Offeror to perform the requirements. The following factors will be used to evaluate quotes: technical capability, price, key personnel and staffing, and past performance/relevant experience. Quotes that do not meet the material terms of the solicitation will not be evaluated.

EVALUATION OF OPTIONS

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. This includes options under FAR clause 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options under FAR 52.217-8 will be accomplished by using the prices offered for the last options period to determine the price for a 6-month option period, which will be added to the base and other option periods to arrive at the total price. Evaluation of options will not obligate the Government to exercise the option(s).

ELECTRONIC INVOICING

The successful offeror may submit an invoice after a service is completed (invoice in arrears).

NIH is using a phased transition approach from the NIH Office of Financial Management (OFM) Electronic Invoice Submission instructions to the Department of Treasury’s Invoice Processing Platform (IPP). The Contractor shall submit invoices to the National Institutes of Health (NIH)/Office of Financial Management (OFM) via email at invoicing@nih.gov with a copy to the approving official until the Contractor has been notified of its transition to IPP. The Contractor must follow step-by-step instructions as stated in the NIH/OFM Electronic Invoicing Instructions for NIH Contractors/Vendors, which is included as an attachment on the website at https://oamp.od.nih.gov/DGS/DGS-workform- information/attachment-files. The invoice shall be transmitted as an attachment via email to the address listed above in one of the following formats: Word, or Adobe Portable Document Format (PDF). The Contractor must submit only one invoice per email. Do not submit supporting documentation (e.g., receipts, time sheets, vendor invoices, etc.) with your invoice unless specified elsewhere in the contract or requested by the Contracting Officer.

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (SECTION 889)

All offerors shall have current documentation showing representation of compliance with Section 889 provisions. Prior to award of delivery order resulting from solicitation, quoters shall be prepared to provide copy of section 889 compliance if requested by the Contracting Officer.

PROVISIONS AND CLAUSES

FAR 52.252-21 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): https://www.acquistion.gov/

FAR 52.203-18 - Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements – Representations (Jan 2017)

FAR 52.204-7 - System for Award Management (Oct 2018)

FAR 52.204-16 - Commercial for Government Entity Code Reporting (Aug 2020)

FAR 52.204-24 - Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

FAR 52.204-26 - Covered Telecommunications Equipment or Services-Representation. (Oct 2020)

FAR 52.209-7 - Information Regarding Responsibility Matters (Oct 2018)

FAR 52.212-1 - Instructions to Offerors – Commercial Items (Nov 2021)

FAR 52.212-3 - Offeror Representations and Certification – Commercial Items (Dec 2022)

FAR 52.217-5 - Evaluation of Options (Jul 1990)

FAR 52.252-2 Clauses Incorporated by Reference

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquistion.gov/

FAR 52.204-13 - System for Award Management Maintenance (Oct 2018)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

FAR 52.212-4 - Contract Terms and Conditions – Commercial Items (Dec 2022)

FAR 52.232-40 - Providing Accelerated Payments to Small Business and Subcontractors (Nov 2021)

By reference the Department of Health and Human Services Acquisition Regulation (HHSAR) provisions and clauses that are applicable to this requirement. :Copies are available from http://www.hhs.gov/policies/hhsar/:

HHSAR 352.203-70 Anti-lobbying (December 18, 2015)

HHSAR 352.208-70 Printing and Duplication (December 18, 2015)

HHSAR 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (December 18, 2015)

HHSAR 352.223-70 Safety and Health (December 18, 2015)

HHSAR 352.224-71 Confidential Information (December 18, 2015)

HHSAR 352.239-73 Electronic and Information Technology Accessibility Notice (December 18, 2015)

By full text the Department of Health and Human Services Acquisition Regulation (HHSAR):

HHSAR 352.232-71 - Electronic Submission of Payment Requests

The following additional clauses are applicable to this requirement and provided in full text as Attachments:

FAR 52.212-5 - Contract Terms and Conditions Required to Implement Status or Executive Orders – Commercial Products and Commercial Services (Dec 2022)

FAR 52.217-8 Option to Extend Services (Nov 1999)

FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

LIST OF ATTACHMENTS

Attachment 1 – Statement of Work (SOW)

Attachment 2 – Quote Template

Attachment 3 – Evaluation Criteria

Attachment 4 -– Full Text Clauses

Attachments/Links