Thermosensory Stimulators and Digital Thermal Calibration Kit

Amendment 01: The solicitation has been amended to increase the quantities of the Thermosensory Stimulators and the Digital Thermal Calibration Kits. See the updated Purchase Description. 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; proposals are being requested and a written solicitation will not be issued. The solicitation number is NIMH-CSS-21-001818 and the solicitation is issued as a request for quotation (RFQ). This acquisition is for a commercial item or service and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13'Simplified Acquisition Procedures; FAR Subpart 13.5'Simplified Procedures for Certain Commercial Items; and FAR Part 12'Acquisition of Commercial Items, and is not expected to exceed the simplified acquisition threshold. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-03, dated February 16, 2021. This acquisition is unrestricted and available for full and open competition. The associated NAICS code is 334516 and the small business size standard is 1,000employees. Description of Supplies The National Institute on Mental Health (NIMH) has a requirement for three (3) Thermosensory Stimulators and three (3) Digital Thermal Calibration Kit. Delivery is expected within 30 days after contractor receipt of award. Delivery and installation must be performed at 9000 Rockville Pike, Bldg 15, Wing K, Room 110, Bethesda, MD 20892 between the hours of 8:00 am and 5:00 pm, local prevailing time, Monday through Friday. Price Schedule Proposal must be accompanied with pricing for three (3) complete Thermosensory Stimulators and three (3) Digital Thermal Calibration Kit as described in the attached purchase description. Shipping costs should be included. Background and Requirement The National Institute of Mental Health (NIMH) on Section Development and Affective Neuroscience (SDAN) conducts considerable research on various aspects of fear and pain. This research requires very precise control of stimulus features, as the research involves work with children, a vulnerable population. Fear and pain must be manipulated in a way that creates emotions that are genuine but in no way traumatizing. Thermosensory Stimulator devices are unusual in that they possess the precise level of control that is needed to generate such manipulations. This has led the requested device to emerge as a standard in the field. The SDAN would like to purchase two Thermosensory Stimulator devices for generating heat pain and examining fear conditioning in children in Building 10 and data analysis in Building 15k. As previously discussed with the Board of Scientific Counselors (BSC) at the SDAN review, the gold-standard procedure for examining fear conditioning in humans relies on electric shock as the unconditioned stimulus (UCS). Contract Type and Period of Performance It is the Government's intent to issue a Firm Fixed Price Purchase Order. Delivery is expected within 30 days after contractor receipt of award. Delivery, installation and training must be performed at 9000 Rockville Pike, Bldg 15, Wing K, Room 110, Bethesda, MD 20892 between the hours of 8:00 am and 5:00 pm, local prevailing time, Monday through Friday. Place of Performance National Institutes of Health - Main Campus NIMH Section Development and Affective Neuroscience 9000 Rockville Pike, Building 15, Wing K, Room 110, Bethesda, MD 20892 (FOB Destination) Contracting Officer's Representative (COR) The following Contracting Officer's Representative (COR) will represent the Government for the purpose of this contract: [To be specified at time of award] The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance. The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) otherwise change any terms and conditions of this contract; or (6) sign written licensing agreements. The Government may unilaterally change its COR designation. The provision at FAR clause 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition and is incorporated by reference. The provision at FAR clause 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, in order of importance: Technical capability of the proposed item to meet the salient physical, functional and/or performance characteristics outlined in the attached purchase description. Respondents must provide brochures and/or published technical specifications that provide evidence of meeting the specifications in the attached purchase description. Technical capability of meeting the delivery schedule identified in the attached purchase description. Technical evaluation factors are slightly more important than Price. Selection of the firm to perform work under this task order will be based on the Government's assessment of the best overall value. (b) Options - N/A (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. Offerors shall include a completed copy of the provision at FAR clause 52.212-3, Offeror Representations and Certifications'Commercial Items, with its offer. The FAR clause at 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition and is incorporated by reference. Addendum to FAR clause 52.212-4, Contract Terms and Conditions'Commercial Items applies to this acquisition. The additional contract terms and conditions are as follows. 52.204-7 System for Award Management (Oct 2018) 52.204-13 System for Award Management Maintenance. (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-20 Predecessor of Offeror (Aug 2020) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Oct 2020) The Offeror shall not complete the representation in this provision if the Offeror has represented that it - does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. (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). (End of provision) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (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 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. (End of clause) 52.204-26 Covered Telecommunications Equipment or Services-Representation. As prescribed in 4.2105(c), insert the following provision: Covered Telecommunications Equipment or Services-Representation (Oct 2020) (a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) 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". (c) (1) Representation. The Offeror represents that it ? does, ? does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. (2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it ? does, ? does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services. (End of provision) FAR clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders'Commercial Items, applies to this acquisition and is incorporated by reference. The following clauses listed in FAR clause 52.212-5 that are applicable to the acquisition are: 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jun 2020) 52.219-28 Post Award Small Business Program Rerepresentation (Nov 2020) 52.222-3 Convict Labor (June 2003) 52.222-19 Child Labor'Cooperation With Authorities and Remedies (Jan 2020) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sep 2016) 52.222-36 Equal Opportunity for Workers With Disabilities (Jul 2014) 52.222-50 Combating Trafficking in Persons (Mar 2015) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.225-1 Buy American - Supplies (Jan 2021) 52.225-13 Restriction on Certain Foreign Purchases (Feb 2021) 52.232-33 Payment by Electronic Funds Transfer-- System for Award Management (Oct. 2018) There are no additional contract requirement(s) or terms and conditions applicable to this acquisition. The Defense Priorities and Allocations System (DPAS) is not applicable to this requirement. All questions shall be received via email to Kim Stapleton at contact@example.gov before 9:00 a.m., Eastern Standard Time, on March 2, 2021. Responses to this solicitation must include clear and convincing evidence of the offeror's capability of fulfilling the requirement as it relates to the technical evaluation criteria. In addition, the Dun & Bradstreet Number (DUNS), the Taxpayer Identification Number (TIN), and the certification of business size must be included in the response. All offerors must have an active registration in the System for Award Management (SAM) www.sam.gov. All responses must be received on or before March 10, 2021 by 11:00 a.m., Eastern Standard Time and reference RFQ number NIMH-CSS-21-001818. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). Responses shall be submitted electronically to the Contract Specialist at contact@example.gov. Fax responses will not be accepted. Solicitation Attachments 1. Attachment 1 - Purchase Description 2. Attachment 2 - 52.204-24 Representation 3. Attachment 3 - Invoice Instructions 4. Attachment 4 - Interim Electronic Invoice Instructions 5. Attachment 5 - Technical Evaluation Criteria