Automated Vacuum Tissue Processor

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The solicitation is being issued using simplified acquisition procedures. I. Solicitation number AG-3K06-S-11-ML07 is issued as a request for quotation (RFQ). II. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-53. III. The associated NAICS code is 334516 and the small business size standard is 500 employees. IV. Description of Requirement: The USDA, ARS, Plum Island Animal Disease Center (PIADC) in Orient Point, NY, wishes to purchase an automated vacuum tissue processor for routine histology purposes. The processor must have specific programming and maintenance capabilities including but not limited to delayed start processing, reagent load/unload with or without use of the retort, ability to inspect reagent stations without loading into retort, in-unit fume control, and edit of programs while in progress. The automated tissue processor is capable of preparing fixed animal tissues for paraffin embedding and the generation of tissue slides for pathological investigation. Paraffin embedded tissues provide enhanced tissue morphology and will allow for expanded histologic data collection for research efforts in foreign animal disease and vaccine development. V. Contract line items: This is a BRAND NAME or EQUAL requirement. Brand name or equal description is intended to be descriptive, but not restrictive and is to indicate the quality and characteristics of products that will be considered satisfactory to meet the agency's needs. "Attachment I- Salient Characteristics". All responsible quoters shall provide a quotation for the following line items: Item No. Supplies/Services Qty Unit Unit Price Amount 001 Automated Vacuum Tissue Processor, Leica ASP300 S or 1 ea ________ ________ EQUAL. Technical Support 24/7 must be included with maximum response time of 72 hours for service repairs. Documentation- the vendor shall provide one copy each of the Instruction and Maintenance Manuals (lubrication, service instructions, and operating instructions) which shall be submitted upon delivery of the equipment and Declaration of Conformity. See "Attachment I- Salient Characteristics" for requirements. 002 Training. The contractor shall provide on-site user orientation 5 ea _________ ________ training within 14 days of delivery. Training shall be scheduled through the point of contact named at time of order. The Contractor shall provide information and pricing. 003 Installation and Start-up. The tissue processor will be set-up 1 ea _________ _________ and put in service by the contractor in bio-containment (Bldg. 101) outside room 182 in hallway, Lab D, within ten days of delivery of product. Verification of working of the machine may occur outside of BSL-3 space prior to delivery of the unit into containment. It is required that the contractor put the tissue processor into service once located inside bio-containment. See "Attachment II- Safety and Security Information" for requirements for installation in a BSL-3. 004 Extended Warranty. The contractor shall also provide information and 1 ea _________ _________ for available extended warranties. The Contractor must also be capable of servicing the equipment/ software through the extended warranty. 005 Optional Accessories. The contractor shall also provide information and pricing for the following optional items: 005.1 Large Basket Assembly 1 ea _________ _________ 005.2 Anti Reflection Clips 1 ea _________ _________ 005.3 Basket Handle 1 ea _________ _________ 005.4 Basket-Divider 1 ea _________ _________ 005.5 Basket Set 1 ea _________ _________ 005.6 Remote fill and drain hose 1 ea _________ _________ 005.7 Paraffin drain hose assembly 1 ea _________ _________ Warranty - The contractor shall provide a one (1) year, on-site, non-consumable parts and labor warranty on the equipment. Technical Support 24/7 must be included with maximum response time of 72 hours for service repairs. The Contractor shall provide a copy of the warranty for each item with their offer. Delivery/Deliverables - The Contractor shall furnish and deliver (F.O.B. Destination) the equipment and documentation to the USDA, ARS, NAA, PIADC, 40550 Rt. 25, Warehouse, Orient Point, NY 11957, after the receipt of the purchase order. Delivery shall be between the hours of 8:00 a.m. to 3:00 p.m., Monday through Friday, excl. Federal holidays. a. NOTE: Warehouse is closed during lunch hours of 11:30am - 12:30pm. b. Delivery for this order is required within 90 days after receipt of order. The PIADC warehouse has a drive up location, and a � ton lift truck. The facility has a loading dock and must be delivered through a door having an opening of 15 feet wide and 11 feet 8 inches high. Inside the building 101, Lab D, the door opening is 3 feet wide x 7 feet high. Freight elevator in Building 101 with a door opening of 6 feet height by 8 feet wide maximum weight capacity of 3500 pounds. The contractor shall contact Clare Anderson, Purchasing Agent, 631-323-3331, 24 hours before delivery is to make to the location. VI. The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition The following are addenda to this provision: ADDENDA TO FAR 52.212-1 Instructions to Offerors - Commercial Items (JUNE 2008) 1. Item (b) Submission of Offers is amended to include the following: a. Please submit pricing for all line items in Section V. 2. Item (c) Period for acceptance of offers is amended to include the following: The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of quotes. 3. Please provide Technical Information in accordance with section VII. VII. The provision at 52.212-2, Evaluation -- Commercial Items, applies to this acquisition. (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (i) Technical capability of the offer to meet the Government requirement; (ii) Price; The technically acceptable offer with the lowest evaluated price (inclusive of all line items), shall be awarded the purchase order. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. ADDENDA TO FAR CLAUSE 52.212-2 Evaluation -- Commercial Items (Jan 1999) A. Evaluation factors for award-failure to provide the information relative to each evaluation factor may render your offer non-responsive. The Government intends to make an award based on the technically acceptable offer with the lowest evaluated price (inclusive of all line items). However, in the event that offers are considered essentially equal in terms of technical competence, price may become the determining factor in contract selection. 1. TECHNICAL CAPABILITY Technical capability of the offeror shall be based on the following factors: a. Product literature, technical features, warranty provisions and a seventy-two hour response time for all repair calls. Each offeror is required to furnish descriptive literature and warranty information for each component. Documentation is to be furnished to show how the offered item is Brand Name (Automated Vacuum Tissue Processor, Leica ASP300 S) or Equal (See "Attachment I- Salient Characteristics" for requirements) and how it meets or exceeds. Documentation is required for extended warranties in accordance with Section V. 2. PRICE Price includes all equipment, supplies, materials, warranty, training, installation, delivery, and any discount terms. VIII. The clause at 52.212-3, Offeror Representations and Certifications -- Commercial Items, applies to this acquisition. ON-LINE REPRESENTATIONS AND CERTIFICATIONS (ORCA) Vendors are directed to complete all representations and certifications on line by registering with the Business Partner Network at http://www/bpn.gov. Vendors who do not have access to the Internet or feel they need additional Internet help should contact the Contracting Officer issuing this solicitation. A copy of your on-line representations and certifications shall be provided with your offer. IX. The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition. The following are addenda to this provision: ADDENDA TO FAR 52.212-4 Contract Terms and Conditions - Commercial Items (JUNE 2010) A. SECTION 508 ACCESSIBILITY COMPLIANCE CLAUSE All Electronic and Information Technology (EIT) procured through this Contract must meet the applicable accessibility standards at 36 CFR 1194, unless an agency exception to this requirement exists. (36 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended, and is viewable at http://www.accessboard.gov/sec508/508standards.htm - PART 1194. The following standards have been determined to be applicable to this contract: 1. __X _1194.21 Software applications and operating systems. 2. _____ 1194.22 Web-based Intranet and Internet information and applications. 3. _____ 1194.23 Telecommunications products. 4. _____ 1194.24 Video and multimedia products. 5. X 1194.25 Self-contained, closed products. 6. _____ 1194.26 Desktop and portable computers. This standard does not require the installation of specific accessibility-related software or the attachment of an assistive technology devise, but merely requires that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future. Compliance Details Clause- The Contractor must note in the schedule whether each product or service is compliant or noncompliant with the accessibility standards at 36 CFR 1194. For each item that is identified as compliant the Contractor shall provide evidence or verification of compliance. The proposal must indicate where full details of compliance can be found (e.g. schedule attachment, vendor's website or other readily available location (specify). B. Additional Provisions and Clauses The following FAR provisions and clauses apply to this solicitation: 52.204-7--Central Contractor Registration (APR 2008), 52.211-6-- Brand Name or Equal (AUG 1999), 52.222-20 -- Walsh-Healey Public Contracts Act (OCT 2010), 52.223-18-- Contractor Policy To Ban Text Messaging While Driving (AUG 2011), 52.227-19-- Commercial Computer Software-Restricted Rights (DEC 2007), 52.247-34-- F.o.b. Destination (NOV 1991) X. The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition. (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: [Contracting Officer check as appropriate.] (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer as indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995 ) (41 U.S.C. 253g and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (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 (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). X (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items). __ (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a). __ (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (9) [Reserved] __ (10)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-6. __ (iii) Alternate II (Mar 2004) of 52.219-6. __ (11)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (12) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). (13)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Jul 2010) of 52.219-9. __ (14) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). (15) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (16)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (17) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (18) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). __ (20) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). X (21) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (22) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). X (23) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). X (24) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). __ (25) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). X (26) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). __ (27) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). X (28) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (29) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (30)(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.) __ (31) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (32)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). __ (ii) Alternate I (DEC 2007) of 52.223-16. __ (33) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (SEP 2010) (E.O. 13513). X (34) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (35)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138). __ (ii) Alternate I (Jan 2004) of 52.225-3. __ (iii) Alternate II (Jan 2004) of 52.225-3. __ (36) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (37) 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). __ (38) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (39) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (40) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (41) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). X (42) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (43) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (44) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). __ (45) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (46)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). __ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 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. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JAN 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. XI. Additional Documents, Exhibits, Attachments Attachment I, "Salient Characteristics". Attachment II, "Safety & Security Information". XII. Offer Submission and Due Date Offers are due by 1:00pm E.D.T., Friday, September 23, 2011 and shall be delivered by: Email to melissa.lera@ars.usda.gov, Postal service or Express service to: USDA/ARS/NAA Contracting Office, ATTN: Melissa Lera 600 East Mermaid Lane Wyndmoor, PA 19038