Various Analytical Laboratory Instruments

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subparts 12.6, "Streamlined Procedures for Evaluation and Solicitation for Commercial Items," as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Proposals are being requested, and a written solicitation document will not be issued. This solicitation is a Request for quote. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular [2005-79]. The associated North American Industrial Classification System (NAICS) code for this procurement is 334516, with a small business size standard of 500 employees. Quantity Unit Val Total CLIN 1 Ohaus Dual Pan Beam 3 EA Catalog #: 1550-SD CLIN 2 VWR Signature 3-D Rotator Waver 6 EA Catalog #: 12620-916 CLIN 3 Cubis Precision Balance 10 EA Catalog #: MSE5201S-100-D0 CLIN 4 Vortex Genie Pulse (120V) 8 EA Catalog #: SI-P236 CLIN 5 Pop-Off Cup for Genie 1, Disruptor Genie, Genie 2 Family and Genie Pulse Vortex Mixers 8 EA Catalog #: 146-3011-00 CLIN 6 Shipping and Handling The Department of Transfusion Medicine is seeking to purchase LABREPCO BRAND NAME SUPPLIES. All interested companies shall provide a quote per the instructions at Addendum to 52.212-1 and 52.212-2. SUPPLIES/SALIENT CHARACTERISTICS See attached spreadsheet for list of items INSPECTION AND ACCEPTANCE Inspection and acceptance shall be performed by the Government personnel at the Government Facilities. PROVISIONS AND CLAUSES The full text of a FAR provision or clause may be accessed electronically at http://acquisition.gov/comp/far/index.html. Offerors must complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required. The following clauses and provisions apply to this acquisition: 52.203-6 Restrictions On Subcontractor Sales To The Government (Sep 2006) -- Alternate I (Oct 1995) SEP 2006 OCT 1995 ALT I 52.203-12 Limitation On Payments To Influence Certain Federal Transactions OCT 2010 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUL 2010 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment DEC 2010 52.211-6 Brand Name OR Equal AUG 1999 52.211-17 Delivery Of Excess Quantities SEP 1989 52.212-1 Instructions to Offerors-Commercial Items JUN 2008 52.212-4 Contract Terms and Conditions-Commercial Items JUN 2010 52.219-6 Notice of Total Small Business Set-Aside JUN 2003 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JUL 2010 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-37 Employment Reports on Veterans SEP 2010 52.222-50 Combating Trafficking in Persons FEB 2009 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving AUG 2011 52.225-1 Buy American Act 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration OCT 2003 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials JAN 2009 252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.212-7000 Offeror Representations and Certifications-Commercial Items JUN 2005 252.212-7001 Contract Terms and Conditions Required to Implement Statutes OR Executive Orders Applicable to Defense Acquisitions of Commercial Items AUG 2011 (DEV) 252.225-7036 Buy American Act - Free Trade Agreements-Balance of Payments Program DEC 2010 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports MAR 2008 252.232-7010 Levies on Contract Payments DEC 2006 DEC 2010 CLAUSES INCORPORATED BY FULL TEXT 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 modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications. (c) The Contracting Officer will evaluate "equal" products on the basis of 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. Alternate I (Apr 2011). As prescribed in 12.301(b)(2), add the following paragraph (c)(12) to the basic provision: (12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.) [The offeror shall check the category in which its ownership falls]: ____ Black American. ____ Hispanic American. ____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ____ Individual/concern, other than one of the preceding. (End of Clause) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 2011) (DEVIATION) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) 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. (b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) 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 Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (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)). Only if OCONUS (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. (End of clause) INSTRUCTIONS TO OFFERORS: 52.212-2 -- Evaluation -- Commercial Items (Jan 1999) (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: Technical Acceptability_______________________ Past Performance ___________________________ Price______________________________________ (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. (End of Provision) ADDENDUM TO FAR 52.212-2, EVALUATION - COMMERCIAL ITEMS. Paragraph (a) is hereby supplemented with the following: The Government will evaluate each proposal strictly in accordance with its contents. A proposal that is unrealistic in terms of technical quality or price will be deemed reflective of an inherent lack of technical competence or indicative of failure to comprehend the complexity and risks of the contractual requirements. Such proposals may be determined unacceptable. After review of initial proposals by the contracting officer, the Source Selection Evaluation Board will conduct an in-depth evaluation of the offeror's technical proposal. Prior to being considered for award, an offeror shall fully demonstrate that it possesses the capabilities which the Government has determined essential to the reliable, efficient and timely accomplishment of the required products and/or services. Award will be made using the Lowest-Price, Technically-Acceptable (LPTA) source selection process. Award will be made to the offeror which submits the lowest price, technically acceptable product and has an acceptable record of past performance. Except for communications conducted for the purpose of minor clarification, the Government intends to evaluate proposals and award a contract without discussions. Therefore, each initial offer should contain the offeror's best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions if it is later determined by the Contracting Officer to be necessary. Evaluation Factors. The following factors will be evaluated: PART I: Technical Capability - Technical Capability reflects the Government's confidence in each offeror's ability, as demonstrated in its proposal, to perform the requirements as stated in this Combined Solicitation-Synposis. No prototypes, demonstration models, used or refurbished instruments/equipment will be considered. The Government will evaluate whether the offeror has demonstrated that its proposed equipment meets all minimum requirements with the solicited Brand Name item, or an item "EQUAL" to the Brand Name item. Proposals that do not demonstrate the proposed equipment meets all requirements will not be considered further for award. If an offeror does not indicate whether its proposed equipment meets a certain minimum requirement, the Government will determine that it does not. The following adjectival ratings will be used in evaluating each offeror's technical proposal. TECHNICAL EVALUATION RATING DESCRIPTION Acceptable Proposal clearly meets the minimum requirements of the solicitation. Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation. Note: Any offeror receiving a rating of "Unacceptable" for Technical Capability will no longer be considered for award. PART II: Past Performance The past performance evaluation results is an assessment of the offeror's probability of meeting the minimum past performance solicitation requirements. This assessment is based on the offeror's record of relevant and recent past performance information that pertain to the products and/or services outlined in the solicitation requirements. Offerors are cautioned that in conducting present and past performance evaluations, the Government may use data provided in the offeror's proposal, any other source available to the Government and data obtained from other sources to include, but not limited, to data independently obtained from other Government and commercial sources. After the Government has evaluated Offerors' past performance for recency and relevancy, the Government will evaluate Quality of Performance (how well the contractor has performed on contracts). The Government will assign an Unknown /Neutral rating, meaning the rating is treated neither favorably nor unfavorably, to Offerors with no recent/relevant past performance record or the offeror's performance record is not available or the information is inadequate such that no meaningful confidence assessment rating can be reasonably assigned. In this context: "Recency" - To be recent, some portion of the performance effort must have occurred within 3 years from the date of issuance of this solicitation. "Relevancy" - Relevant performance includes products or services that are the same or similar in scope, magnitude and complexity to the effort described in the solicitation. The following ratings will be used in evaluating each offeror's past performance. PAST PERFORMANCE EVALUATION RATING DESCRIPTION Acceptable Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror's performance record is unknown. (See note below.) Unacceptable Based on the offeror's performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort. Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have "unknown" past performance. In the context acceptability/unacceptability, "unknown" shall be considered "acceptable." PART III: PRICE Price will be evaluated separately from the technical and past performance factors and will be evaluated for fairness and reasonability in terms of the Government's requirement. Price analysis techniques will be used to evaluate an offeror's proposal, but will not be scored. The Government is interested in proposals that meet the requirements with acceptable risk, at a fair and reasonable price. Offerors are cautioned that an unrealistically low price, unbalanced pricing of line items, as proposed initially, or subsequently, may be grounds for eliminating a proposal, either on the basis that the offeror does not understand the requirement, or has made an imprudent offer. Paragraph (b) is hereby supplemented with the following: Options is not applicable to this procurement and will not be evaluated. (End of Addendum to FAR 52.212-2) Acceptance of Terms and Conditions: This is an Open-Market Combined Synopsis / Solicitation for equipment as defined herein. Offers will be reviewed exclusively based upon information submitted. If the information submitted does not address all the requirements as required in this combined solicitation-synopsis, the offer will be rejected. The Government intends to award a Purchase Order as a result of this Combined Synopsis/Solicitation that will include the terms and conditions that are set forth herein. In order to facilitate the award process, ALL proposals shall include a statement regarding the terms and conditions herein as follows: Please note that this procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an offeror submits a proposal based upon an FSS or GWAC contract, the Government will accept the proposed price. However, the terms and conditions stated herein will be included in any resultant Purchase Order, not the terms and conditions of the offeror's FSS or GWAC contract, and the statement required above shall be included in the proposal. Due to the difficulties in receipt of mail through normal postal services, it is required that proposals be sent via E-mail to the POC for this requirement, at ivan.jones@nih.gov the Offeror is responsible for ensuring receipt by the POC.