Notice of Intent to Sole Source Easy Panel V2 Sofware Licenses

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 12.6 and 13.501(a), as supplemented with additional information in this notice. Quotes are being requested and this announcement constitutes the only solicitation. The Government contemplates issuing a firm fixed-price purchase order resulting from this solicitation. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04 dated June 2, 2023 The associated North American Industrial Classification System (NAICS) code for this procurement is 541519, size standard $27,500,000.00 Small Business Set Aside. The Government intends to issue a firm fixed-price purchase order resulting from this solicitation. The purpose of this requirement is to procure a Web-Enabled Multicolor Flow Cytometry Panel Design Tool for the FDA CBER Flow Cytometry Core at the White Oak facility.. EasyPanel V2 3. Requirements: The vendor shall provide a Web-Enabled Multicolor Flow Cytometry Panel Design Tool. The Web-Enabled Multicolor Flow Cytometry Panel Design tool shall include the following:characteristics: Peer-reviewed / published panel information extracted from scientific reports for pre-optimized panels. Site-specific Instrument configurations. Species selection. Deterministic attributes for optimizing antibody selections: Pre-defined cell / phenotype selection. Antigen selection with analytical constraints / attributes. Expression level. Dump channel. Co-expression. Viability dye inclusion. Inventory control feature. 4. Deliverables: The contractor shall provide the delineated deliverables as shown in the requirements section 3. 5. Security[CS3] [PN4] [PN5] N/A (Web-based tool only). 6. Period of Performance February 12, 2024 - February 13, 2025 8. Order Type Firm Fixed Price. 9. Delivery / Place of Performance Delivery will be to: Attention: TBD entered at time of award FDA at White Oak Building 52, room 1151 10903 New Hampshire Avenue Silver Spring, MD 20993 FAR Clauses 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): https://www.acquisition.gov 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders'Commercial Products and Commercial Services. (Dec 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (End of clause) 16. Provisions 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 address https://www.acquisition.gov/far (End of Provision) 52.211-6 Brand Name or Equal (Aug 1999) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements'Representation (Jan 2017) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-26 Covered Telecommunications Equipment or Services Representation (Oct 2020) 352.239-73 Electronic Information and Technology Accessibility Notice. (a) As prescribed in HHSAR 339.203-70(a), the Contracting Officer shall insert the following provision: Electronic and Information Technology Accessibility Notice (December 18, 2015) (a) Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Standards (36 CFR part 1194), require that when Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency. (b) Accordingly, any offeror responding to this solicitation must comply with established HHS EIT accessibility standards. Information about Section 508 is available at https://www.hhs.gov/web/508. The complete text of the Section 508 Final Provisions can be accessed at https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards. (c) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 352.239-74, Electronic and Information Technology Accessibility. In order to facilitate the Government's determination whether proposed EIT supplies meet applicable Section 508 accessibility standards, offerors must submit an HHS Section 508 Product Assessment Template, in accordance with its completion instructions. The purpose of the template is to assist HHS acquisition and program officials in determining whether proposed EIT supplies conform to applicable Section 508 accessibility standards. The template allows offerors or developers to self-evaluate their supplies and document'in detail'whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues. Instructions for preparing the HHS Section 508 Evaluation Template are available under Section 508 policy on the HHS website https://www.hhs.gov/web/508. In order to facilitate the Government's determination whether proposed EIT services meet applicable Section 508 accessibility standards, offerors must provide enough information to assist the Government in determining that the EIT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues. (d) Respondents to this solicitation must identify any exception to Section 508 requirements. If a offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense. (End of provision) 17. Special Notice and Agreement regarding Software EULA/TOS Computer software and services are often subject to license agreements, referred to as End User License Agreements (EULA), Terms of Service (TOS), or other similar legal instruments or agreements. Many of these agreements contain indemnification clauses that are inconsistent with Federal law and unenforceable, but which could create a violation of the Anti-Deficiency Act (31 U.S.C. 1341) if agreed to by the Government. Therefore, by submitting a quotation the quoter shall agree that the inclusion of any Limitation of Liability, Indemnification, and any other clauses that conflict with Federal law or regulation in any EULA or TOS are NULL AND VOID. The quoter agrees that any EULA/TOS clauses conflicting with Federal law or regulation and are not agreed to by the Government if included with the submission of a quotation. Additionally, by submission of the quotation the quoter must agree to the inclusion of FAR 52.232-39 Unenforceability of Unauthorized Obligations in any resulting contract or order, if awarded. 18. INSTRUCTIONS TO THE OFFEROR The provision at FAR 52.212-1 incorporated above is tailored as follows. Quotes shall be submitted no later than 2:00 p.m. (Eastern Time) on Tuesday February 2, 2024. Quotes shall be submitted via email in MS Word or Excel or PDF format to the Contract Specialist, Nakita Putty at Nakita.Putty@fda.hhs.gov The offeror's quote must outline all characteristics of the requirement listed in Part 3 - Description of Requirements. The contractor quote shall provide sufficient information to allow the Government to evaluate that the Contractor is capable of meeting the requirement. The Government is not responsible for locating or securing any information which is not identified in the quote. In accordance with FAR 52.211- 6 - Brand Name or Equal, offerors shall provide the brand name product referenced in this solicitation, unless the offeror clearly indicates that the product being offered is an - equal product. Offerors may propose equivalent equipment; however, it shall demonstrate that the proposed equipment meets or exceeds the minimum salient characteristics. Offerors shall furnish as part of their quote all descriptive material necessary for the Government to determine whether the proposed products meet all technical requirements specified in section 3. The Offeror shall submit a completed pricing table in Part 2 for a firm fixed-price order. The Contractor shall provide the price and all detailed documentation to support the total cost of the quote. The firm fixed-price proposed shall be inclusive of all shipping and any other costs associated with meeting all the requirements listed in Part 3 - Description of Requirements. If an offeror has not completed annual representations and certifications in the SAM database, offerors shall also include a completed copy of the provisions at 52.212-3 and 52.219-1. 19. GENERAL EVALUATION INFORMATION The Government intends to award a firm-fixed price purchase order 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. Contractor selection will be based on the lowest price technically acceptable (LPTA) offer that can - meet or exceed the requirements stated in this solicitation. The Government reserves the right to award without discussions. The following factors shall be used to evaluate offers: Technical Acceptability: The Government will evaluate the degree to which the quote meets or exceeds the requirements and specifications described in this solicitation. The Offeror's quote shall demonstrate the ability to - meet or exceed the technical specifications of this requirement. Quotes will be rated either - Technically Acceptable or - Technically Unacceptable. Price: Prices quoted shall be evaluated to ensure the best value to the Government and must be determined to be fair and reasonable in order to be considered for award. The sum of the quoter proposed prices in Part 2 of the table will be evaluated. This RFQ does not commit the Government to pay any costs incurred in the preparation of the submission of the quotation or to contract for the supplies or services.