High Through-Put Liquid Handling Systems – Brand Name or Equal

This notice is a combined synopsis/solicitation for commercial items using Simplified Acquisition Procedures. This acquisition will be made in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as applicable, and as supplemented with additional information included in this notice.  This announcement constitutes the only solicitation (a written solicitation will not be issued) and quotes are being requested.  The Solicitation number is RFQ-NIAID-23-2159463-1 and the solicitation is issued as a Request for Quotes (RFQ).

This acquisition will be processed under FAR Part 13 Simplified Acquisition Procedures (SAP), 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 2023-04 Effective June 2, 2023.

The North American Industry Classification System (NAICS) code for this procurement is 334516 – Analytical Laboratory Instrument Manufacturing with a size standard of 1,000 employees.  The Product or Service Code (PSC) is 6640 – Laboratory Equipment and Supplies.  The requirement is being competed as full and open competition, with a brand name or equal purchase description, and without a small business set-aside. 

The government intends to award a firm-fixed-price purchase order to the responsible offeror as a result of this RFQ that will include the terms and conditions set forth herein.  By submitting a quote, the offeror is accepting that all government terms and condition shall prevail over the award. 

By submission of a quote, the Offeror acknowledges the requirement that a prospective awardee shall be registered and viewable in the System for Award Management (SAM) database prior to award, during performance, and through final payment resulting from this solicitation (www.sam.gov). 

STATEMENT OF NEED

The purpose of the acquisition is to procure High Through-Put Liquid Handling System for the Laboratory of Infectious Diseases (LID) Structural Virology Section (SVS).  SVS works to elucidate mechanisms of hepatitis C virus (HCV) entry and replication, with the aim of informing development of vaccines, immune-based therapies, and other medical countermeasures for virus-mediated diseases. A key component of the SVS mission is to determine the structure of HCV surface glycoproteins bound to antibodies and cellular factors.

The SVS is using state-of-the-art structural biology techniques for X-ray crystallography and cryo electron microscopy.  To determine a structure by X-ray crystallography requires the production of high-quality protein crystal.  Ideal crystal growth conditions required iterative screening of many conditions.  The High Through-Put Liquid Handling Systems are critical infrastructure to produce and screen hundreds of crystal growth conditions using minimal amounts of materials.  The HCV glycoproteins are small and highly modified post translation, making them very challenging to produce.   The instruments use nanoliter amounts of material for more efficient use of the challenging samples.  These types of instruments are needed to fulfill this requirement.  See Attachment 1 – Statement of Needs.

The National Institute of Allergy and Infectious Diseases (NIAID) has a requirement for a brand name or equal High Through-Put Liquid Handling Systems. The brand name and part numbers for the products/services are provided in full detail in the attached Bill of Materials (BOM) – Attachment 2.  If quoting an equal product, you must show in your quote how the quoted instruments meet the minimum requirements/specifications listed below and in Attachment 1 – Statement of Needs.

This is for the procurement of two (2) instruments for the production of protein crystals for structure determination capable of the following:

The High Through-Put Liquid Handling Systems use liquid dispensers with positive displacement of liquids for aspiration and non-contact dispensing with a minimum of 6 dispensing syringes. These systems dispense nanoliter amounts of material, making optima use of precious and difficult to produce samples.  Plastic consumable tips are automatically exchanged to minimize cross contamination of the samples.

The two minimal specifications for each system are as follows:

The Liquid Handling System: This Dispensing system must use liquid dispensers with positive displacement of liquids for aspiration and non-contact dispensing with a minimum of 6 dispensing syringes.  Equipment must have a zero cross contamination system that allows for the use of disposable pipettes.

Liquid Class Management System: This system is necessary to produce the crystal growth conditions. The dispense system must be capable of handling a wide range liquid type from 80% ethanol through to 50% (w/v) glycerol, with NO requirement for liquid classification.  Common biological assay components such as aqueous buffers, DMSO, beads, cells, or glycerol protein stocks must all be dispensed using the same standard settings as well as particulates such as SPRI beads. Use of a positive displacement system is needed. The system must include fixed base configurations to share protocols between the two high-through put liquid handling systems. Configuration must also include a microplate shaker and incubation capabilities. 

Both systems must be application ready with off the shelf protocols ready to use.

QUOTING REQUIREMENT

All elements below must be included in the quote for your quote to be considered responsive:

• If not brand name, documentation to prove how the “of equal” model/part meets the salient physical, functional, or performance characteristic specified in this solicitation.
• Country of Origin
• Place of Manufacture
• Estimated date of delivery
• Estimated shipping fees

PERIOD OF PERFORMANCE

Delivery is requested as soon as possible.  Estimated lead time for delivery of equipment is 60-90 days upon Vendor’s receipt of the purchase order.

SHIPPING/DELIVERY INSTRUCTIONS

Delivery location is 50 South Drive, Building 50, Bethesda, MD 20814.  FOB: Destination.  All equipment delivered shall contain a Packing Slip (with serial numbers when applicable). 

INSTRUCTIONS

All interested offerors shall provide a quote for the requirement as outlined above and in Attachment 1 – Statement of Needs (SON). 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 may evaluate only those quotes that fully meet the requirements as outlined above and respond to the instructions and requirements provided in this solicitation.  Failure to furnish a full and complete quote as instructed may result in the Offeror’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 1:00 pm EST, July 21, 2023.  Quotes must be emailed to Daveta H. Brown, Contract Specialist, at daveta.brown@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 to daveta.brown@nih.gov. 

EVALUATION

NIAID will evaluate quotes to determine the best value to the government. NIAID will make that determination based on technical acceptability, price, and past performance. 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, price will become a major consideration in selecting the successful Offeror.

SPECIAL NOTICE TO OFFERORS

Offerors 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 offeror may submit an invoice once a shipment is delivered.  NIAID will only accept invoices for 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 52.252-21 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/

The following FAR provisions apply to this acquisition:

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 for 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)

(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.

FAR 52.212-1 – Instructions to Offerors – Commercial Products and Commercial Services (Nov 2021)

FAR 52.212-3 – Offeror Representations and Certifications – Commercial Products and Commercial Services (May 2022)

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)

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

FAR 52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (Jun 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 (Dec 2015)

Clauses

HHSAR 352.203-70 – Anti-lobbying (Dec 2015)

HHSAR 352.208-70 – Printing and Duplication (Dec 2015)

HHSAR 352.222-70 – Contractor Cooperation in Equal Employment Opportunity Investigations (Dec 2015)

HHSAR 352.239-74 – Electronic and Information Technology Accessibility (Dec 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)

LIST OF ATTACHMENTS

Attachment 1 – Statement of Needs (SON)

Attachment 2 – Bill of Materials (BOM)

Attachment 3 – Full Text Clauses