Reagents and Consumables for Applied Biosystems 3500xL Genetic Analyzer and/or 3730xL Genetic Analyzer.
The Department of Health and Human Services (DHHS), National Institutes of Health (NIH), National Cancer Institute (NCI), Center for Cancer Research (CCR) plans to procure Reagents and Consumables for Applied Biosystems 3500xL Genetic Analyzer and/or 3730xL Genetic Analyzer on a sole source basis, from Life Technologies, 3175 Stanley Road., Grand Island, NY, 14072.
The response close date of this notice is in accordance with FAR 5.203(a)(1). This acquisition will be processed under FAR Part 12 - Acquisition for Commercial Items and will be made pursuant to the authority in FAR Part 13.106-1(b)(1); and is exempt from the requirements of FAR Part 6. The North American Industry Classification System code is 325199 and the business size standard is 1250 employees.
It has been determined there are no opportunities to acquire green products or services for this procurement.
CONTRACTOR REQUIREMENTS
The Contractor shall provide:
a. The Reagents and Consumables required to operate the Applied Biosystems 3500xL Genetic Analyzer and/or the Applied Biosystems 3730xL Genetic Analyzer.
b. Access to the latest reagents, consumables, optimized protocols, instrument improvement and/or new or updated instrument software.
c. Shipping for all eligible reagents, kits, and supplies with expiration dates greater than 6 months beyond each shipping date.
d. Any new reagents, kits, or supplies until the delivery/task order has been signed and issued by the NCI Contracting Office and/or administrative officer. All requests for additional reagents, kits, and supplies shall be initiated by the NCI Contracting Officer's Representative (COR).
e. The Contractor warrants that all reagents and consumables delivered shall perform to industry specifications and any defective reagents and consumables shall be replaced at no cost to the Government. The Contractor shall provide access to scientists and engineers for consultation on procedures and instrumentation. Contractor shall repair or replace free of charge any non-consumable part which fails during the term of this contract, except for equipment damaged by accident, abuse, misuse of misapplication.
f. The Contractor agrees that all reagent and consumable shipments shall be delivered at no cost to the Government for the duration of the contract with the exception of expedited shipments.
TYPE OF ORDER
This is a Firm Fixed-Price IDIQ contract with a minimum amount of $50,000.00 and maximum amount (ceiling) of $249,999.00. The Government may place firm fixed price delivery/task orders against this IDIQ contract in an amount not less than the minimum and not more than the maximum for the five (5) year period as follows:
For the five (5) year Contract:
Minimum = $50,000.00
Maximum = $249,999.00
PERIOD OF PERFORMANCE
The period of performance shall be from 09/01/2018 thru 08/31/2023.
PLACE OF PERFORMANCE
TBD at Award
ORDERING AND ORDER LIMITATIONS
FAR Clause 52.216-18 Ordering (Oct 1995)
A Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 08/22/2018 through 08/21/2023.
B All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
C If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
As noted in FAR 52.216-18 Ordering (a), delivery orders or task orders will be processed by the NCI Office of Acquisition and the Center for Cancer Research (CCR) procurement officials, no other individuals are authorized.
FAR Clause 52.216-19 Order Limitations (Oct 1995)
a Minimum order: When the Government requires supplies or services covered by this contract in an amount of less than $15,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
b Maximum order: The Contractor is not obligated to honor-
(1) Any order for a single item in excess of $50,000;
(2) Any order for a combination of items in excess of $250,000; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
c If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)); the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
d Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause)
DELIVERABLES AND DELIVERY SCHEDULE
Time of Delivery: Unless a delivery/task order specifies a different delivery time, the Contractor shall deliver reagents and consumables within five (5) days or after receipt of each delivery/task order.
Deliveries and Acceptance
1. Satisfactory performance of this contract shall be deemed to occur upon the Contractor's delivery and acceptance by the Contracting Officer's Representative (COR) or the duly authorized representative. The Contracting Officer's Representative (COR) or the duly authorized representative will perform an inspection and acceptance of materials and services provided. Inspection and acceptance shall be performed at the address of the duly authorized representative. Acceptance may be presumed unless otherwise indicated in writing by the Contracting Officer's Representative (COR) or the duly authorized representative within 30 days of delivery.
2. The Contractor shall make required deliveries f.o.b. destination with the consignee's premised address as it is provided by the NCI Purchasing Agent.
3. Unless otherwise specified, deliveries shall be made to the delivery point provided by the Purchasing Agent, Mondays through Fridays (excluding Federal holidays) between the hours of 8:30 a.m. EST and 3:30 p.m. EST only. The product(s) shall be delivered to the address stated on the delivery/task order: Complete building and room details shall be provided on the delivery/task orders when placed against the contract.
FAR Clause 52.246-16 Responsibility for Supplies (Apr 1984)
(a) Title to supplies furnished under this contract shall pass to the Government upon formal acceptance, regardless of when or where the Government takes physical possession, unless the contract specifically provides for earlier passage of title.
(b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies shall remain with the Contractor until, and shall pass to the Government upon;
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Acceptance by the Government or delivery of the supplies to the Government at the destination specified in the contract, whichever is later, if transportation is f.o.b. destination.
(c) Paragraph (b) of this section shall not apply to supplies that so fail to conform to contract requirements as to give a right of rejection. The risk of loss of or damage to such nonconforming supplies remains with the Contractor until cure or acceptance. After cure or acceptance, paragraph (b) of this section shall apply.
(d) Under paragraph (b) of this section, the Contractor shall not be liable for loss of or damage to supplies caused by the negligence of officers, agents, or employees of the Government acting within the scope of their employment.
(End of Clause)
CONTRACTING OFFICER'S REPRESENTATIVE (COR)
The following COR will represent the Government for the purpose of this contract:
TBD at Award
The Contracting Officer's Representative (COR) is responsible for: 1) monitoring the Contractor's technical performance, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; 2) interpreting the specifications and any other technical performance requirements; 3) performing technical evaluation as required; 4) performing technical inspections and acceptances required by this purchase order; and 5) assisting in the resolution of technical problems encountered during performance.
The Contracting Officer is the only person with authority to act as an agent of the Government under this purchase order. Only the Contracting Officer has authority to: 1) direct or negotiate any changes in the specifications; 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 Government may unilaterally change the designated Contracting Officer's Representative.
PAYMENT
Payment authorization requires submission and approval of invoices to the COR and NIH OFM, in accordance with the attached payment provisions listed below:
The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: PROMPT PAYMENT (JUL 2013) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow:
I INVOICE REQUIREMENTS
A. An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR 32.9. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.) Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor.
1. Vendor/Contractor: Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact).
2. Remit-to address (Name and complete mailing address to send payment).
3. Remittance name must match exactly with name on original order/contract. If the Remittance name differs from the Legal Business Name, then both names must appear on the invoice.
4. Invoice date.
5. Unique invoice #s for all invoices per vendor regardless of site.
6. NBS document number formats must be included for awards created in the NBS: Contract Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number.
7. Data Universal Numbering System (DUNS) or DUNS + 4 as registered in the Central Contractor Registration (CCR).
8. Federal Taxpayer Identification Number (TIN). In those exceptional cases where a contractor does not have a DUNS number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor's name on the face page of the award document.
9. Identify that payment is to be made using a three-way match.
10. Description of supplies/services that match the description on the award, by line billed.*
11. Freight or delivery charge must be billed as shown on the award. If it is included in the item price do not bill it separately. If identified in the award as a separate line item, it must be billed separately.
12. Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered or services performed, as applicable, and that match the line items specified in the award.*
* NOTE: If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice. A modification to the order or contract may be needed before the invoice can be submitted and paid.
B. Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized. Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt.
C. Mail an original and 1 copy of the itemized invoice to:
National Institutes of Health
Office of Financial Management, Commercial Accounts
2115 East Jefferson Street, Room 4B-432, MSC 8500
Bethesda, MD 20892-8500
For inquiries regarding payment call: (301) 496-6088
In order to facilitate the prompt payment of invoices, it is recommended that the vendor submit a photocopy of the invoice to the "Consignee" designated for the acquisition in blocks 6A - 6E of the face page of the Order/Award document.
II. INVOICE PAYMENT
A. Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events:
1. The 30th day after the designated billing office has received a proper invoice.
2. The 30th day after Government acceptance of supplies delivered or services
performed.
B. The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended.
III. INTEREST PENALTIES
A. An interest penalty shall be paid automatically, if payment is not made by the due date and the conditions listed below are met, if applicable.
1. A proper invoice was received by the designated billing office.
2. A receiving report or other Government documentation authorizing payment was
processed and there was no disagreement over quantity, quality, or contractor
compliance with a term or condition.
3. In the case of a final invoice for any balance of funds due the contractor for supplies
delivered or services performed, the amount was not subject to further settlement
actions between the Government and the Contractor.
C. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget.
IV. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS
SUBCONTRACTORS, FAR 52.232-40 (DEC 2013)
a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.
b) The acceleration of payments under this clause does not provide any new rights under the prompt Payment Act.
c) Include the substance of this clause, include this paragraph c, in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.
This notice is not a request for competitive quotation. However, if any interested party, especially small business believes it can meet the above requirement, it may submit a proposal or quote for the Government to consider. The response and any other information furnished must be in writing and must contain material in sufficient detail to allow NCI to determine if the party can perform the requirement. Responses must be received in the contracting office by 11:00 AM EST, on August 24, 2018. All responses and questions must be via email to Ricky Watson, Contract Specialist at ricky.watson@nih.gov.
A determination by the Government not to compete this proposed requirement based upon responses to this notice is solely within the discretion of the Government. Information received will be considered solely for the purpose of determining whether to conduct a competitive procurement. In order to receive an award, contractors must be registered and have valid certification through SAM.GOV and have Representations and Certifications filled out. Reference: N02CO82639-95 on all corresponde
Ricky J. Watson, Contract Specialist, Phone 2402766594, Email ricky.watson@nih.gov
