Confocal Laser Scanning Microscope-Brand Name or Equal

This notice is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulations (FAR) Subpart 12.6 “Streamlined Procedures for Evaluation and Solicitation for Commercial Items”, as applicable, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; (a written solicitation will not be issued) and quotations (quotes) are being requested. The solicitation number is RFQ-NIAID-23-2177646 and the solicitation is issued as a Request for Quotation (RFQ).

This acquisition will be processed under FAR Part 13 Simplified Acquisition Procedures, FAR Subpart 13.5 – Simplified Procedures for Certain Commercial Items. The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2023-05 Effective September 7, 2023.

The North American Industry Classification System (NAICS) code for this procurement is 334516- Analytical Laboratory Instrument Manufacturing with a small business size standard of 1,000 in employees. This requirement is not set-aside for small business. The Government anticipates making a single award Firm Fixed Price (FFP) purchase order.

STATEMENT OF NEED

The proposed purchase is for Brand Name or Equal products/services.

The National Institute of Allergy and Infectious Diseases (NIAID), Laboratory of Host Immunity and Microbiome (LHIM), Neuro-Immune CrossTalk Unit (NCU) is seeking to acquire a Leica Stellaris 8 DIVE confocal laser scanning microscope or equal system with a prism-based spectral detection design efficiency to conduct intravital imaging of mice. The brand name and part numbers for the products/services are provided in full detail in the attached Bill of Materials (BOM). Quoters shall be authorized resellers for the Leica Stellaris 8 DIVE confocal laser scanning microscope brand name or equal products/services.

Specifically, NIAID, LHIM, NCU is seeking a confocal laser scanning microscope that must include all components and requirements listed below. To be considered for award, vendor quoting “equal” products/services, including “equal” products/services of the brand-name manufacturer, must meet the following requirements/specifications:  

1. Fully tunable 4 channel NDD (reflect light detector) without filter-based wavelength selection for multiphoton signal collection
2. NDD detectors capable of photon counting
3. Simultaneous collection of fluorescence lifetime images with routine intensity images on all 4 NDD detectors
4. All internal confocal detectors must be tunable and filter free
5. Automated multiphoton beam alignment (single button click in software)
6. Must be able to work with existing Leica Stellaris 8 confocal objectives that will be supplied by the Biological Imaging Facility when the instrument is delivered. 

PERIOD OF PERFORMANCE

Delivery of equipment is needed as soon as possible. Estimated completion for the delivery and installation of equipment is nine months after receipt of the purchase order – estimated June 29, 2024. Training will occur after installation is completed. The total estimated period of performance is September 29, 2023 – September 28, 2024.  

SHIPPING/DELIVERY INSTRUCTIONS

Delivery location is FOB Destination:  50 South Drive Bethesda, MD 20814. All equipment delivered shall contain a Packing Slip.

INSTRUCTIONS

All interested vendors shall provide a quote for the requirement as outlined above. All quotes shall include price(s) (unit price, extended price, total price); shipping fees; manufacturing country of origin of the products, including components; documentation demonstrating vendor is either the manufacturer or authorized distributor/reseller of the product(s); estimated date of delivery; point of contact: name, phone number & email; UEI#; Cage Code; business size under NAICS 334516; and payment terms. Each response must clearly indicate the capability of the vendor to meet all specifications and requirements. The Government will evaluate only those quotes that fully meet the requirements as outlined above and respond to the solicitation instructions and requirements. Failure to furnish a full and complete quote as instructed will result in the Quoter’s response being considered non-responsive and will therefore be eliminated from further consideration and award.

If providing an equal product(s)/services(s), please supply descriptive data for evaluation purposes to determine the validity of how it is an EQUAL. The following FAR provision applies to this a solicitation 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 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.

(End of provision)

Quotes are due by 4:30 PM EST on September 21, 2023.  Quotes must be emailed to Hershea Vance, Contract Specialist, at hershea.vance@nih.gov.  Late quotes will not be considered.  All responsible sources may submit an offer that will be considered by this Agency.  Any questions or concerns regarding this combined synopsis/solicitation should be emailed by September 19, 2023, at 11:30 am to hershea.vance@nih.gov.  

EVALUATION

NIAID will evaluate quotes to determine the best value to the government. NIAID will make that determination based on technical acceptability, past performance, and price. NIAID will evaluate past performance and price only for those quotes which are rated as technically acceptable. In the event quotes are evaluated as technically equal, past performance, and price will become major considerations in selecting the successful Quoter.

SPECIAL NOTICE TO QUOTERS

Quoters are advised that the Government may share your information with non-government personnel who are assisting with the evaluation of quotes. The exclusive responsibility for source selection will reside with the Government. By submitting your quote, you will be consenting to disclosure of your quote to non-government personnel for purposes of evaluation.

ELECTRONIC INVOICING

The successful vendor may submit an invoice once a shipment is delivered.  NIAID will only accept invoices for completed services and units that have been delivered to NIAID.

NIH is using a phased transition approach from the NIH Office of Financial Management (OFM) Electronic Invoice Submission instructions to the Department of Treasury’s Invoice Processing Platform (IPP). For contractors that have transitioned to IPP, the Contractor must submit invoices to the Department of Treasury's Invoice Processing Platform (IPP) at https://www.ipp.gov. For contractors that have not transitioned to IPP, the Contractor shall submit invoices to the National Institutes of Health (NIH)/Office of Financial Management (OFM) via email at invoicing@nih.gov with a copy to the approving official until the Contractor has been notified of its transition to IPP. 

PROVISIONS AND CLAUSES

FAR 52.252-2 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):  https://www.acquistion.gov/

FAR 52.203-18 - Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements – Representations (Jan 2017)

FAR 52.204-7 - System for Award Management (Oct 2018)

FAR 52.204-16 - Commercial and Government Entity Code Reporting (Aug 2020)

FAR 52.204-24 - Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

FAR 52.204-26 - Covered Telecommunications Equipment or Services-Representation. (Oct 2020)

FAR 52.209-7 - Information Regarding Responsibility Matters (Oct 2018)

FAR 52.211-6 - Brand Name or Equal (Aug 1999)

FAR 52.212-1 - Instructions to Offerors – Commercial Products and Commercial Services (Sep  2023)

FAR 52.212-3 - Offeror Representations and Certification – Commercial Products and Commercial Services (Sep 2023)

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): https://www.acquistion.gov/

FAR 52.204-13 System for Award Management Maintenance (Oct 2018)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

FAR 52.204-21 - Basic Safeguarding of Covered Contractor Information Systems (Nov 2021)

FAR 52.212-4 - Contract Terms and Conditions – Commercial Products and Commercial Services (Dec 2022)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

By reference the Department of Health and Human Services Acquisition Regulation (HHSAR) provisions and clauses that are applicable to this requirement. Copies are available from http://www.hhs.gov/policies/hhsar/:

Provisions

HHSAR 352.239-73 Electronic and Information Technology Accessibility Notice (December 18, 2015)

Clauses

HHSAR 352.203-70 Anti-lobbying (December 18, 2015)

HHSAR 352.208-70 Printing and Duplication (December 18, 2015)

HHSAR 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (December 18, 2015)

HHSAR 352.239-74 Electronic and Information Technology Accessibility (December 18, 2015)

By full text the Department of Health and Human Services Acquisition Regulation (HHSAR):

HHSAR 352.232-71 - Electronic Submission of Payment Requests (February 2, 2022)

The following additional clauses are applicable to this requirement and provided in full text as Attachments:

FAR 52.212-5 - Contract Terms and Conditions Required to Implement Status or Executive Orders – Commercial Products and Commercial Services (Sep 2023)

LIST OF ATTACHMENTS

Attachment 1 – Bill of Materials (BOM)

Attachment 2 -Full Text Clauses