Two (2) Brand Name or Equal AirSeal IFS Intelligent Flow 120V systems

This is a combined synopsis/solicitation for commercial items, prepared in accordance with format in FAR 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation and a separate written solicitation will not be issued. This solicitation: No. RFQ-NCI-5281477 includes all applicable provisions and clauses in effect through FAR Federal Acquisition Circular (FAC) 2019-1 simplified procedures for commercial items. This acquisition will be conducted under the procedures for acquiring commercial items authorized in FAR Part 12 and under the authority to use simplified procedures for commercial requirements as provided in FAR 13.501. This acquisition is a 100% small business set-aside. This requirement is assigned North American Industry Classification System (NAICS) code 334516 with a size standard of 1000 Employees is being considered. Only one award will be made because of this solicitation. This will be awarded as a firm fixed price type contract. BACKGROUND The U.S. Department of Health and Human Services, National Institutes of Health, National Cancer Institute (NCI), Center for Cancer Research (CCR), plans to procure Two (2) Brand Name or Equal AirSeal IFS Intelligent Flow 120V systems and 2 of the accompanying AirSeal Universal Mounts with Switching Valve with Two PI Index Yokes, 36' Hose to IFS and 18' High Pressure Hose to "E" Size CO2 tanks that will facilitate laparoscopic and robotic surgical procedures across several surgical disciplines. Recent market research indicates that ConMed is the manufacturer of the Air Seal System, and may only be purchased through the distributor, GEO-Med, LLC. The salient characteristics that apply to this acquisition are as follows: 1. Creation and maintenance of pneumoperitoneum for robotic, laparoscopic and transanal procedures, providing: - Minimum of 40 liters per minute flow rate - Compatibility with standard trocars, tubing, and single port access devices - Compatibility with tri-lumen tubing - Compatibility with bi-lumen tubing - Compatibility with valve-free trocars - Automatic overpressure relief 2. Stable Pneumoperitoneum within a narrow range of the desired pressure during laparoscopic or transanal surgery: - During significant leaks (open vaginal cuff or trocar displacement) - During use of continuous suction 3. Continuous and automatic smoke evacuation 4. Continuous or "real-time" pressure monitoring 5. Compatible with house or bottle (E tank) gas 6. Low Gas warnings that are: - Audible - Visual 7. Simple, operational touch screen Graphical User Interface 8. Multiple operation modes PAYMENT Payment shall be made upon the delivery and acceptance of all required items. DELIVERY / INSTALLATION The Contractor shall deliver and install the required item(s) within 30 days of purchase order award to the following location: 9000 Rockville Pike Building 10 - CRC, Room 5950 Bethesda, MD 20892 CONTRACT CLAUSES/PROVISIONS The following Federal Acquisition Regulation and Health & Human Services Acquisition Regulation Provisions/Clauses apply to this acquisition: FAR 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): http://www.acquisition.gov/far/ and/or http://www.hhs.gov/policies/hhsar/. Clause No. Title FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (OCT 2018 FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (OCT 2018) FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (OCT 2018) HHSAR 352.222-70 CONTRACTOR COOPERATION IN EQUALEMPLOYMENT OPPORTUNITY (DEC 2015) FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2019). The following FAR clauses cited in paragraph (b) of the clause at FAR 52.212-5 are also applicable to this acquisition: FAR Clause 52.203-6 Restrictions on Subcontractor Sales to the Government FAR Clause 52.203-13 Contractor Code of Business Ethics and Conduct FAR Clause 52.204-10 Reporting Executive Compensation and First Tier Subcontract Awards FAR Clause 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment FAR Clause 52.209-9 Updates of Publicly Available Information Regarding Responsibility FAR Clause 52.219-8 Utilization of Small Business Concerns FAR Clause 52.219-28 Post Award Small Business Program Representation FAR Clause 52.222-3 Convict Labor FAR Clause 52.222-19 Child Labor-Cooperation with Authorities and Remedies FAR Clause 52.222-21 Prohibition of Segregated Facilities FAR Clause 52.222-26 Equal Opportunity FAR Clause 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans FAR Clause 52.222-36 Affirmative Action for Workers with Disabilities FAR Clause 52.222-37 Employment Reports of Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans FAR Clause 52.222-40 Notification of Employee Rights Concerning Payment of Union Dues or Fees FAR Clause 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving FAR Clause 52.225-3 Buy American Act -Free Trade Agreements - Israeli Trade Act FAR Clause 52.225-5 Trade Agreements FAR Clause 52.225-13 Restrictions on Certain Foreign Purchases Far Clause 52.232-33 Payment by Electronic Funds Transfer-System for Award Management FAR 52.211-6 BRAND NAME OR EQUAL (AUG 1999) (a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation. (b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must- (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by- (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification. (c) The Contracting Officer will evaluate "equal" products based on information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation. HHSAR 352.203-70 ANTI-LOBBYING (DEC 2015) Pursuant to the current HHS annual appropriations act, Public Law 112-74, except for normal and recognized executive-legislative relationships, the Contractor shall not use any HHS contract funds for: (a)Publicity or propaganda purposes; (b)The preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any State or local legislature itself; or designed to support of defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government, except in presentation to the executive branch of any State or local government itself; or (c)Payment of salary or expenses of the Contractor, or any agent acting for the Contractor, related to any activity designed to influence the enactment of legislation, appropriations regulation, administrative action, or Executive order proposed or pending before the Congress or any State government, State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local or tribal government is policymaking and administrative processes within the executive branch of that government. The prohibitions in subsections (a), (b), and (c) above shall include any activity to advocate or promote any proposed, pending, or future Federal, State or local tax increase, or any proposed, pending, or future requirement for, or restriction on, any legal consumer product, including its sale or marketing, including, but not limited to, the advocacy or promotion of gun control. SUBMISSION INFORMATION Proposals must be submitted on an SF-1449 with a completed 52.212-3 Offeror Representations and Certifications-Commercial Items-with DUNS Number Addendum, signed by an authorized representative of the offeror OR provide a copy of valid certification in the System for Award Management (SAM) at www.sam.gov. Questions must be submitted electronically (via email) to Program Analyst, Richard Thompson at richard.thompson@nih.gov in MS Word or Adobe Portable Document Format (PDF), no later than May 7th, 11:00 am, EST. Proposals must be submitted electronically (via email) to Program Analyst, Richard Thompson at richard.thompson@nih.gov in MS Word or Adobe Portable Document Format (PDF), no later than Friday, May 10th @ 11:00 am, EST. All responses must be received by the specified due date and time to be considered. PROPOSALS RECEIVED AFTER THIS DATE AND TIME WILL NOT BE CONSIDERED. No collect calls will be accepted. Please refer to solicitation no: RFQ-NCI-5281477 in all correspondence. EVALUATION The award decision will be based on a Lowest Price Technically Acceptable (LPTA) determination. Award will be made on all or none basis. If you are providing an "equal" product, you must submit additional documentation that highlights and describes how your offering is equal in accordance with FAR Clause 52.211-6. PRICE PROPOSAL The Offeror shall prepare a price proposal that contains all information necessary to allow for a comprehensive evaluation of the prices quoted. Specifically, your quote must include the following: Federal Tax Identification Number (TIN); Data Universal Numbering System (DUNS) Number; and Business Size (e.g., small or large).