Mobile Laboratory System

This is a combined synopsis/solicitation for commercial items prepared in accordance with the Federal Acquisition Regulation (FAR) format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The government intends to issue a Purchase Order in accordance with FAR PART 13.106 for the requirement under Simplified Acquisition Procedures. The solicitation number is 13-223-SOL-00211 and this solicitation is issued as a Request for Quote (RFQ). RESPONSE DATE: 09/17/2013 Clauses set forth in this order are current through FAC 2005-69 dated September 3, 2013. Clauses incorporated by reference can be found at: http://www.acquisition.gov/far/ http://www.dhhs.gov/asfr/ogapa/acquisition/acquisitionpolicies.html http://www.hhs.gov/asfr/ogapa/acquisition/policies/files/caac-consultation-accelerated-payment-gsa.pdf The associated North American Industry Classification System (NAICS) Code is 336999- All Other Transportation Equipment Manufacturing. Small Business Size Standard is 500 employees. Acquisition is a small business set-aside. Contract Type: Commercial Item-Firm Fixed Price. REQUIREMENTS: The U.S. Food and Drug Administration (FDA), Office of Regulatory Affairs (ORA) requires a Microbiology Mobile Laboratory System (MLS) meeting the requirements set forth in Attachment 1, MLS Specifications. The MLS shall have the capability to be deployed in a 4-trailer and less than 4-trailer configuration for in?field operations to test and analyze food commodities. The MLS shall be designed, engineered, and constructed to be immediately deployed as a first responder to protect against, respond to, and recover from emergency outbreak situations to any location, and in any weather condition within the continental United States. The MLS shall be self?sustainable and able to operate without additional site utilities and services. The MLS shall include on board electrical generators, supply and waste water tanks and the ability to decontaminate laboratory waste. The MLS shall provide multiple mission capabilities including in?field surveillance and laboratory surge?capacity, augmenting existing fixed laboratories Delivery of a complete MLS is required within 12 months from date of contract award. Delivery Address: FDA Office of Regulatory Affairs Arkansas Regional Laboratory Jefferson Lab Complex Building 26, 3900 NCTR Road Jefferson, AR 72079 The provision at FAR 52.212-1, Instructions to Offerors- Commercial Items applies to this solicitation. Addenda to this provision are as follows: MLS pricing shall be (1) FOB Destination, inclusive of all shipping, freight and handling charges and (2) valid through December 31, 2013. This solicitation is being issued under the premise that the Contractor will certify that the maintenance services are exempt from the Service Contract Act per the conditions set forth in FAR 52.222-48 & FAR 22.1003-4(c). If this is the case and the Contractor certifies that is exempt under the terms and conditions of 52.222-48, then clause 52.222-51 will flow per usual from this solicitation to the resulting order. In the event that a Contractor does not make this certification, traditional Service Contract Act clauses 52.222-41, and 52.222-43 shall be included in the resulting order award as well as Wage Determination WD 2005-2035 (Rev.14): http://www.wdol.gov/wdol/scafiles/std/05-2035.txt?v=14 FAR 52.222-48 - Exemption From Application Of The Service Contract to Contracts For Maintenance, Calibration, Or Repair Of Certain Equipment Certification (Feb 2009) (a) The offeror shall check the following certification: CERTIFICATION The offeror [ ] does [ ] does not certify that- (1) The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontractor) in substantial quantities to the general public in the course of normal business operations; (2) The services will be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment. (i) An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. (ii) An "established market price" is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; and (3) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(c)(3) that the Service Contract Act- (1) Will not apply to this offeror, then the Service Contract Act of 1965 clause in this solicitation will not be included in any resultant contract to this offeror; or (2) Will apply to this offeror, then the clause at 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements, in this solicitation will not be included in any resultant contract awarded to this offeror, and the offeror may be provided an opportunity to submit a new offer on that basis. (c) If the offeror does not certify to the conditions in paragraph (a) of this provision- (1) The clause in this solicitation at 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements, will not be included in any resultant contract awarded to this offeror; and (2) The offeror shall notify the Contracting Officer as soon as possible, if the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation. (d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision. (End of provision) The following provisions are incorporated by reference: - FAR 52.209-5, Certification Regarding Responsibility Matters - FAR52.209-7, Information Regarding Responsibility Matters (b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000. - FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications - FAR 52.233-2, Service of Protest Award will be made to the lowest priced (inclusive of options), technically acceptable responsible offeror. Offers will be ranked from lowest priced to highest priced and the lowest priced offer will be forwarded for technical evaluation. If found to be technically acceptable, and the offeror is otherwise found to be responsible against the standards defined at FAR 9.104-1, the evaluation process ends there. If not found to be technically acceptable and responsible, the next lowest priced offer will be evaluated and so on until a technically acceptable offer is determined. Offerors shall submit technical and price proposals. The technical proposal, which shall be separate from the price proposal, shall contain, at a minimum, interior and exterior conceptual drawings of the proposed MLS in both a slide-out four-trailer configuration and in an individual slide-out trailer configuration for each of the MLS trailers and shall be supported by written narrative (not greater than 20 pages in length) and milestone plan describing the who, what, why, how, and when of the collaborative manufacturing and subsequent delivery and warranty/preventive maintenance support process. It is the offeror's responsibility to unequivocally demonstrate their understanding of the requirements and that the proposed MLS will meet the stated requirements in the Attachment 1, MLS Specifications. The FDA is not responsible for locating or securing any information on the proposed MLS. Proprietary information shall be clearly marked. The price proposal, which shall be separate from the technical proposal, shall consist of the Attachment 2, MLS Pricing Schedule in which the offeror, in addition to submitting firm-fixed prices for all items, shall include their name and DUNS number in the header. Invoice Submission The Contractor shall submit invoices in accordance with the following instructions: A. An original and two (2) copies shall be submitted to the attention of the designated Contract Specialist at the following address: Department of Health and Human Services Food and Drug Administration National Center for Toxicological Research Attention: Jerry Martin, Contracting Officer Office of Acquisitions & Grants Services, HFT-320 3900 NCTR Road, Bldg 50, Rm 434 Jefferson, AR 72079-9502 B. One copy to the COR clearly marked "courtesy copy only": To be completed at time of award. C. Invoices submitted under this contract must comply with the requirements set forth in FAR clauses 52.232-25 (Prompt Payment), 52.232-33 (Payment by Electronic Funds Transfer - Central Contractor Registration), 52.232-5 entitled "Payments Under Fixed-Price Construction Contracts and/or other applicable far clauses specified herein. To constitute a proper invoice, the invoice must be submitted on company letterhead and include each of the following: (i) Name and address of the contractor; (ii) Invoice date and invoice number; (iii) Contract number; (iv) Description, quantity, unit of measure, unit price and extended price supplies delivered or services performed; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent (must be the same as that in the Contract or in a proper notice of assignment); (viii) Name, title, and phone number of person to notify in event of defective invoice; (ix) Taxpayer Identification Number (TIN). (x) Electronic funds transfer (EFT) banking information. (xi) Name and telephone number of the FDA COR referenced on the contract; (xii) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested. (xiii) A listing of the amount included for work performed by each subcontractor under the contract. (xiv) A listing of the total amount of each subcontract under the contract. (xv) A listing of the amounts previously paid to each such subcontractor under the contract. (xvi) Additional supporting data in a form and detail required by the CO; and (xvii) Any other information or documentation required by the Contract. D. Questions regarding invoice payments should be directed to the FDA payment office at: Food and Drug Administration Attn: Division of Payment Services 3900 NCTR Road, HFT-324 Building 50, 6th floor suite 616 Jefferson, AR 72079 Fax 870-543-7224 nctrinvoices@fda.hhs.gov Contractor Performance Assessment Rating System (CPARS): (a) Pursuant to FAR 42.1502, this contract is subject to Contractor Performance Assessment System (CPARS). CPARS is an automated centralized information system accessible via the Internet that maintains reports of contractor performance for each contract. CPARS is located at http://www.cpars.gov/cparsmain.htm. (b) Under CPARS, the Government will conduct annual evaluations of the contractor's performance. The contractor has thirty (30) days after the Government's evaluation is completed to comment on the evaluation. The contractor may request a meeting to discuss the CPAR at any time during the reporting period. (d) The CPARS system requires the Government to assign the contractor a UserID and password in order to view and comment on the evaluation. Provide the name of one individual who will be assigned as your Contractor Representative for CPARS below: Name: Phone: E-mail Address: The following clauses are incorporated by reference: - FAR 52.217-7, Option for Increased Quantity-Separately Priced Line Item "...within 90 calendar days after contract award." - FAR 52.217-9, Option to Extend the Term of the Contract (a) "...by written notice to the Contractor within one (1) day of contract expiration; ...preliminary written notice of its intent to extend at least 30 days before the contract expires." (b) "...shall not exceed 4 years beyond the warranty expiration." - FAR 52.202-1, Definitions; FAR 52.203-3, Gratuities; FAR 52.203-5, Covenant Against Contingent Fees; FAR 52.203-6, Restrictions on Subcontractor Sales to the Government; FAR 52.203-7, Anit-Kickback Procedures ; FAR 52.203-8, Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity; FAR 52.203-10 Price of Fee Adjustment for Illegal or Improper Activity; FAR 52.203-12, Limitations on Payments to Influence Certain Federal Transactions; FAR 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper; FAR 52.225-8, Duty-Free Entry; FAR 52.232-39 - Unenforceability of Unauthorized Obligations FAR 52.233-1, Disputes ; FAR 52.233-4, Applicable Law for Breach of Contract Claim - FAR 52.232-99, Providing Accelerated Payment to Small Business Subcontractors (DEVIATION) (Aug 2012) - HHSAR Clauses: 352.222-70, 352.231-71 and 352.242-71 The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items, applies to this acquisition. The following additional FAR clauses cited in this clause are applicable: (b) 52.203-6 Alt I, 52.204-10, 52.209-6, 52.209-9, 52.219-6, 52.219-8, 52.219-9, 52.219-14, 52.219-16, 52.219-28, 52.222-3, 52.222-19, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-40, 52.222-54, 52.223-18, 52.225-1, 52.225-13 and 52.232-33 (c) 52.222-51 Additional Information It is the offeror's responsibility to monitor the internet site for the release of any information related to this combined synopsis/solicitation. Offerors are responsible for delivery in person, by e-mail, fax, mail or other delivery method their complete proposal and any additional documents before 2:00 pm (Central Standard Time - Local Prevailing Time in Jefferson, Arkansas) on Sept 17, 2013 to jerry.martin@fda.hhs.gov, Fax (870) 543-7990, or mail to the U. S. Food and Drug Administration, FDA/OO/OFBA/OAGS/DAP, Attention of Jerry Martin, 3900 NCTR Road, Building 50, Room 434 Jefferson, AR 72079-9502. When appropriate, offerors should consult with delivery providers to determine whether their documents will be delivered prior to the scheduled time. For information regarding this solicitation, please contact Jerry Martin by e-mail at jerry.martin@fda.hhs.gov. Questions regarding this solicitation will be accepted only via email and shall be submitted no later than 11:00 AM CST on Sept 11, 2013. Please reference solicitation number 13-223-SOL-00211 in subject line of all correspondence. PLEASE NOTE - The above contact information is for the Contracting Office and not necessarily the delivery address. The delivery address is indicated in the Place of Performance section above. 2 Attachments 1. Attachment 1, MLS Specifications 2. Attachment 2, MLS Pricing Schedule