Next-Generation Sequencing (NGS) System
Department of Health and Human Services, Food and Drug Administration | Published February 28, 2017 - Deadline March 17, 2017
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 solicitation is being issued in conjunction with FAR PART 13.106 and FAR 13.5 Simplified Procedures for Certain Commercial Items. The solicitation number is FDA_17-233-1177416. This solicitation is issued as a Request for Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-94 and 2005-95, January 19, 2017.
The associated North American Industry Classification System (NAICS) Code is- 334516 Analytical Laboratory Instrument Manufacturing, SB Size status: 1,000 employees. This requirement will be competed unrestricted and made available to Full and Open competition, meaning any qualified vendor regardless of size status may submit a quote.
Respondents are responsible for delivery in person, by e-mail, fax, mail or other delivery method of their complete proposal and any additional documents before 1:00 pm (Central Time - Local Prevailing Time in Jefferson, Arkansas) on March 17, 2017 to email@example.com, Fax (870) 543-7990, or mail to the U. S. Food and Drug Administration, OO/OFBA/OAGS, Attention of Howard Nesmith, 3900 NCTR Road, Building 50, Room 424, Jefferson, AR 72079-9502.
PLEASE NOTE - The above contact information is for the Contracting Office and not the delivery address. The delivery address is indicated in the FOB Destination section below.
For information regarding this solicitation, please contact Howard Nesmith by e-Mail at firstname.lastname@example.org.
Requirement:The U.S. Food and Drug Administration (FDA), National Center for Toxicological Research (NCTR), requires a Next-Generation Sequencing (NGS) System.
Background: The FDA/NCTR is currently conducting research on the development and evaluation of a novel in vitro epigenomic screening model system for the hazard identification of FDA-regulated products, new concepts in tumor mutational signatures of acrylamide and glycidamide, and genetics and epigenetics of susceptibility to non-alcoholic fatty liver disease (NAFLD): a comparative dietary study using collaborative cross mice.
Statement of Need:The NGS System is required to perform genomic and epigenetic analysis to discover the biomarkers related to chemical toxicity and carcinogenicity in vivo and in vitro. The capability of the NGS technology will enable the quantitative genomic (Single Nucleotide Polymorphisms (SNPs) and mutations), epigenomic (DNA methylation and chromatin immunoprecipitation), transcriptomics (mRNA and small RNA expression) and metagenomics analysis. To maintain consistency and reproducibility with previously obtained data the system shall use sequencing by synthesis (SBS) chemistry and deliver 750 Gb and 2.5 billion reads per run. This capacity is required to process more samples per run and sequenced simultaneously at a greater depth, generating richer and more meaningful data. In addition to the NGS System the FDA requires Annual Post-Warranty Preventive and Corrective Maintenance Services (Base + 1 additional 1-year Maintenance Option period).
Minimum Technical Specifications: - Shall be capable of sequence up to 6 human genomes, 50 transcriptomes, or 90 exomes per run, assuming 30× coverage of a human genome, 50 M reads per transcriptome, and 4 Gb per exome at 2 × 75 bp reads - Run throughput up to 750 Gb passing filter data per 2 × 150 bp, in single flow cell run mode. - Capable of greater than 200 Gb passing filter data per in single flow cell run mode up to 2.5 billion single reads passing filter in single flow cell mode. - Shall supported read lengths up to 2 x 150 bp. - Sequencing run time ranging from less than 1 day to 3.5 days, depending on read length. - Sequencing run times of less than 3.5 days for a 2 × 150 bp paired-end sequencing run. - Optical system shall consist of a 2-laser system with wavelengths at 532 nm (1 Watt maximum power) and 660 nm (1.2 Watt maximum power) for excitation of fluorophores.- Shall have Rapid Time Delayed Integration (TDI) line scanning with 4 Charge-Coupled Device (CCD) sensors.- Shall have dual surface flow cell imaging (top and bottom surface).- Instrument shall process 1 flow cell at a time. - Each flow cell substrate shall contain billions of ordered wells enabling optimal spacing of clusters and delivering high density. - Each flow cell shall be a substrate with 8 channels, providing physical separation of samples or to allow for multiplexing of more than 96 samples per flow cell. - Simplified loading of flow cells that provides clear and positive feedback to ensure vacuum and fluidics are engaged. - Flow cells shall be held in place by a reliable vacuum without the need for mechanical levers and locks.- Real-time processing shall takes place directly on instrument's control computer with no additional computer for image processing.- Shall have ready-to-use, premixed reagents drop into color-coded reagent racks- Ready-to-use kits shall be available to prepare samples for: - DNA sequencing (single or paired-end reads) - Exome sequencing - Transcriptome sequencing (mRNA-Seq and small RNA-seq) - Directional RNA sequencing - Sample multiplexing with up to 96 indexes per lane- Solid-phase isothermal amplification to produce clonal clusters shall be completely automated, requiring no user intervention without use of emulsion PCR. - Exclusion amplification shall deliver high percentage of wells with single template clusters.- The system shall utilize an automated system that creates clonal clusters from single molecules.- System Control Software shall provide a simple interface to configure, launch, and monitor runs.- Control Software shall include real-time analysis (RTA)- Control Software shall provide run-time feedback and generates base calls and quality scores as the run completes. - Sequencing analysis software shall be designed for Windows-based PCs, on or off the sequencing instrument with functionality available in the genomic cloud environment, to allow for web browser remote monitoring with applications supporting data analysis and sharing.- System Control Software shall allow for offline analysis.
Installation - On-site installation shall include consumables to start running the sequencing system for confirmation and acceptance - On-site instruction and system training to include Assay, Software, and Bioinformatics at time of instrument installation
Minimum Requirements for Post Warranty Services & Preventative Maintenance Services:- Shall include unlimited corrective/remedial maintenance visits within 3 business days of call for service- Shall provide unlimited technical support access Mondays - Fridays (excluding Federal Holidays) between the hours of 8:00 AM - 5:00 PM Central Time. If the Government notifies the Contractor of a problem after 5:00 p.m. via the Internet or phone message, the vendor shall begin providing a solution to problem(s) reported within 8 business hours of contact for assistance. (e.g., telephone-based, email-based, website-based, etc.)- All maintenance and repair activities shall be performed by formally trained and certified technicians/engineers. All repairs and PM services shall be performed following Original Equipment Manufacturer (OEM specifications, manuals, and service bulletins, using OEM replacement parts, components, subassemblies, etc.- Proposed pricing for unlimited on-site service, repairs, and Preventative Maintenance (PM) services shall be inclusive of labor, travel, replacement parts, components, subassemblies, etc.- The PM service plan shall include at least one (1) on-site visit for routine certification of the instrument per year.- Service plan shall include access to OEM technical developments, repair procedure bulletins, and unlimited software, firmware, and application updates.- Service Records and ReportsThe Contractor shall, commensurate with the completion of each service call or preventative maintenance visit, provide the end-user of the equipment and the Contracting Officer with a copy of a field service report/ticket identifying the equipment name, manufacturer, model number, and serial number of the equipment being serviced/repaired and detailing the reason for the service call, a detailed description of the work performed, the test instruments or other equipment used to affect the repair or otherwise perform the service, the name(s) and contact information of the technician who performed the repair/service, and for information purposes, the on-site hours expended and parts/components replaced.
Item #1Next-Generation Sequencing (NGS) System To meet the above Minimum Technical Specifications
Unit Price: _____________________
Extended Price: _____________________ Make: __________________________
Part Number: ____________________
GSA Contract Number (if applicable): ________________________
Item #2 (1st Option Period)Post-Warranty Preventive and Corrective Maintenance ServicesTo begin upon expiration of initial warranty period and shall continue for a period of one (1) year
Monthly Unit Price: ______________________
Extended Price: ______________________
GSA Contract Number: __________________ (if applicable)
Item #3 (2nd Option Period)Post-Warranty Preventive and Corrective Maintenance ServicesTo begin upon expiration of Option Period 1 and shall continue for one (1) year
Monthly Unit Price: ______________________
Extended Price: ______________________
GSA Contract Number: __________________ (if applicable)
GSA Contract Number: __________________ (if applicable)
PRICE QUOTES SHALL BE INCLUSIVE OF FOB DESTINATION SHIPPING, IN-SIDE DELIVERY SET-UP/INSTALLATION, & TRAINING
FOB Destination (In-Side Delivery)U.S. Food and Drug AdministrationNational Center for Toxicological Research (NCTR)3900 NCTR Road Jefferson, AR 72079
Contract Type- Commercial Item - Firm fixed price.
Contract Clauses- The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition. (JAN 2017)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of non-conforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services.
Supplies and/or services delivered hereunder shall be inspected and accepted at destination by the contracting officer / representative (COR) specified at award. If the supplies or services are acceptable, the COR shall promptly forward a report of inspection and acceptance to the paying office. If the supplies or services are not acceptable, the COR shall document the nonconforming items/services and immediately notify the contracting officer. No advance payment will be made under the resulting order/contract.
(i) Payment for post-warranty maintenance service will not be paid more frequently than monthly in arrears.
The following additional provisions and/or clauses apply and incorporated by reference and apply to this acquisition. Clauses and provisions can be obtained at http://www.acquisition.gov/far/
FAR Clause 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014) FAR Clause 52.204-4 Printed or Copied Double-Sided on Recycled Paper. (MAY 2011)FAR Clause 52.204-18 Commercial and Government Entity Code Maintenance. (Jul 2016)FAR Clause 52.217-9 Option to Extend the Term of the Contract (MAR 2000) (a) ... within 1 day of contract expiration; .... at least 15 days before the contract expires... (c) ... shall not exceed 2 (2) years exclusive of equipment delivery, acceptance, and warranty period.FAR Clause 52.232-40, Providing Accelerated Payment to Small Business Subcontractors (DEC 2013)
HHSAR Clause 352.203-70 Anti-lobbying January 2006 HHSAR Clause 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations January 2006
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 any costs incurred during the performance of this contract; or(5) Otherwise change any terms and conditions of this contract.
The Contracting Officer for this order is: To be completed at time of award-Name:Phone: Email:
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 COR for this order is: To be completed at time of award-
Contractor Performance Evaluation (s)In accordance with Federal Acquisition Regulation (FAR) 42.15, FDA will complete annual and final contractor performance evaluations. Annual evaluations will be prepared to coincide with the anniversary date of the contract. Additional interim performance evaluations may be prepared at the CO's discretion, as necessary. Final performance evaluations will be completed upon contract expiration.
FDA will utilize the Contractor Performance Assessment Reporting System (CPARS) in order to execute annual and final contractor performance evaluations. CPARS is a secure Internet website located at https://www.cpars.gov/main/cparsmain.htm. FDA will register the contractor in CPARS upon receipt of the name and email address of two (2) individuals who will be responsible for serving as the Contractor's primary and alternate CPARS contacts. Once FDA registers the contractor in CPARS, the Contractor will receive an automated CPARS email message which contains User IDs and instructions for creating a password.
Once a performance evaluation is issued, the Contractor's primary and alternate CPARS contact will receive an email instructing them to logon to CPARS in order to review the performance evaluation. The Contractor has 14 calendar days from the date of performance evaluation issuance in which to review the evaluation. If the Contractor is in agreement with the performance evaluation outcome, the evaluation becomes final. Should the Contractor be in disagreement with the performance evaluation outcome, rebuttal comments must be submitted via the CPARS within 30 days from date the evaluation was issued by FDA. Any disagreement between the CO and the Contractor will be referred to a contracting official one level above the CO, whose decision will be final.
Copies of each performance evaluation and contractor responses, if any, will be retained as part of the official contract file and will be used to support future award decisions. Evaluations will also be stored for a 3 year period (6 years for construction) in the Past Performance Information Retrieval System (PPIRS) at www.ppirs.gov.
Contractors may obtain CPARS training material and register for on-line training at https://www.cpars.gov/main/cparsmain.htm. There is no fee for registration or use of the CPARS system.
FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items. (Jan 2017)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) _X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved].__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). _X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). _X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (10) [Reserved].__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (ii) Alternate I (Nov 2011) of 52.219-3. _X_ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (Jan 2011) of 52.219-4. __ (13) [Reserved]__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011).__ (iii) Alternate II (Nov 2011).__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. _X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). X (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Nov 2016) of 52.219-9. __ (iii) Alternate II (Nov 2016) of 52.219-9. __ (iv) Alternate III (Nov 2016) of 52.219-9. __ (v) Alternate IV (Nov 2016) of 52.219-9. __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). __ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)). _X_ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). _X_ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). _X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). _X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). _X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212). _X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). _X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). _X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. _X_ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016). _X_ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). __ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). __ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Oct 2015) of 52.223-13. __ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. _X_ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). __ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). __ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). __ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).__ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). __ (ii) Alternate I (JAN 2017) of 52.224-3.__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __ (ii) Alternate I (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3. X (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X_ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)). __ (62)(i) 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). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). __ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). __ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). _X_ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). __ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). __ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). __ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). __ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) 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.(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) 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 (Oct 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (x) 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. (xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016)). (xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (xx)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxiii) 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.
Solicitation provisions-The provision at FAR 52.212-1 Instructions to Offerors - Commercial Items applies to this solicitation.
The following FAR 52.212-1 addenda apply: Paragraph (b)(4). To ensure information is available, offerors shall furnish as part of their proposal all descriptive material necessary for the government to conclusively determine that the system, products, and solution offered will be technically capable of meeting or exceeding the Government's requirements.
In addition offerors shall demonstrate (i.e., published reports, scientific articles, etc.) the proposed instrument's sequencing chemistry will function and accomplish the required results as indicated in the Statement of Need. The government is not responsible for locating or securing any information, which is not identified in the proposal.
Offerors shall identify ENERGY STAR qualified and/or EPEAT-registered product(s) to be supplied under this contract by manufacturer, model name, and model number. Offerors should be prepared to provide evidence of product certification by an EPA-recognized certification body upon request. In addition, offerors shall specify the EPEAT level rating (bronze, silver, or gold) for each product.
Technical capability and past performance for any intended subcontractors shall be included with offer.
Price: Provide detailed price quote for each item/component proposed to meet the Schedule of Items. Include the firm's DUNS number with quote. The post-warranty maintenance periods will not be funded at time of equipment purchase. If exercised, funding will be obligated individually each year for the option period exercised via contract modification; the option periods shall be priced accordingly.
Pursuant to FAR Clause 52.219-9, and as otherwise set forth herein, the Offeror shall submit with its proposal, a small business subcontracting plan containing at a minimum the content required by FAR Clause 52.219(d) and using the Attachment 1, Small Business Subcontracting Plan template attached to this solicitation. If the Offeror determines that there will not be subcontracting opportunities, the Offeror shall still submit a subcontracting plan and include a statement of circumstances supporting this determination. Failure to submit and then negotiate an acceptable subcontracting plan within 10 calendar days of the date the Contracting Officer notifies the offeror of issues and concerns with the subcontracting plan will render the offeror ineligible for award. The resulting subcontracting plan will be made a part of the resulting contract and the Contractor shall comply with the reporting requirements of FAR Clause 52.219-9(l). Small business firms are exempt from the subcontracting plan requirement.
Service Contract Act ExemptionThis solicitation is being issued under the premise that the Contractor will certify that the post-warranty maintenance/repair services are exempt from the Service Contract Act then Clause 52.222-51 will flow per usual from this solicitation to the resulting order. Offeror shall complete the certifications as applicable in the provision at FAR provision 52.212-3(k) or FAR 52.222-48 (see below) for the application of the Service Contract Act (SCA). The offeror must certify that the maintenance/service it will propose to fulfill this requirement is exempt from the Service Contract Act per conditions set forth in FAR 22.1003-4(c). If this positive certification is not provided the FAR Clauses at 52.222-41, 52.222-42 and 52.222-43 shall be incorporated and the applicable SCA wage determination at the delivery location shall become part in any resultant contract. Wage Determination No.: 2015-5121, Rev 1, dated 02/09/2017 which can be found at: https://www.wdol.gov/wdol/scafiles/std/15-5121.txt?v=1FAR 52.222-48 Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certifications (MAY 2014).
(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 Labor Standards statute- (1) Will not apply to this offeror, then the Service Contract Labor Standards 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 Labor Standards 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 Labor Standards 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 Labor Standards 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.
Paragraph (c) Period for acceptance of offers. The offeror shall state on its quote that quoted prices are firm until September 30, 2017.
FAR Provision 52.204-7 System for Award Management (OCT 2016)FAR Provision 52.204-16 Commercial and Government Entity Code Reporting. (JUL 2016)The provision at FAR 52.212-2 Evaluation-Commercial Items applies to this solicitation. The following subparagraph (a) factors apply:
(i) Technical Capability (See FAR Provision 52.212-1 (b)(4) and addenda thereto)(ii) Price (total, inclusive of options)
Technical Capability (i.e., how well the proposed system and installation offered meets or exceeds the Government's requirements) is more important than price in determining the best value to the Government though price remains a significant consideration.
As part of the technical evaluation, the Government will confirm that EPEAT offered products are registered product(s). The Government will evaluate more favorably offers that propose delivery of products that meet higher levels of qualification under the EPEAT product registration system (i.e., silver or gold).
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).
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.
The Government reserves the right to request additional information or conduct discussions at any time.
The Provision at FAR 52.212-3, Offerors Representations and Certifications-Commercial Items, applies to this acquisition. An offeror shall complete only paragraph (b) of the provision if the offeror has completed the annual representations and certification electronically via https://www.sam.gov. If an offeror has not completed the annual representations and certifications electronically at the website, the offeror shall complete only paragraphs (c) through (u) of this provision.
It is the offeror's responsibility to monitor the internet site for the release of an amendment to the combined synopsis/solicitation (if any).