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Solicitation Number: 20-010686 Notice Type: Combined Synopsis/Solicitation Synopsis: (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR Part 13 and Subpa... Solicitation Number: 20-010686 Notice Type: Combined Synopsis/Solicitation Synopsis: (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR Part 13 and Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. (ii) The solicitation number is 20-010686 and the solicitation is issued as a request for quote (RFQ). Offerors shall submit their quotes no later than 11:00 a.m. p.m. Eastern Standard Time(EST) on Friday, September 4, 2020. (iii) The solicitation document, the incorporated provisions and clauses are those in the Federal Acquisition Circular 2005-85, effective January 04, 2015 (including FAC 2005-98 effective May 31, 2018. (iv) The associated North American Industry Classification System (NAICS) code for this procurement is 339112 and the small business size standard is 1000 employees. The acquisition is being conducted in accordance with the procedures of FAR Part 12 and FAR Part 13. PURPOSE: The current Ultrasonix (Sonixtouch) US machine is not operational due to an electronic malfunction which prevents it from turning on. The machine is over 10 years old, past its replacement date and had outlived its clinical usefulness due to outdated technology. CONTRACTOR REQUIREMENTS: See Attachment Number 1, Statement of Work (vi) Period of Performance: Base Period: Month 1 through Month 12 (Initial Purchase and Installation) Option Year 1: One Year Service Plan Option Year 2: One Year Service Plan Option Year 3: One Year Service Plan Option Year 4: One Year Service Plan (vii) The provision FAR clause 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition and is hereby incorporated by reference. (viii) The provision at FAR clause 52.212-2, Evaluation - Commercial Items, applies to this acquisition and is hereby incorporated by reference. Quotes will be evaluated in accordance with FAR 13.106 based on price and technical capability in a best value determination. Technical capability will evaluated based on meeting the requested capabilities outlined in Attachment 1 and Attachment 2. Options will be evaluated in accordance with FAR Clause 52.217-5, Evaluation of Options. (ix) In accordance with FAR Clause 52.212-3, Offeror Representations and Certifications - Commercial Items, Offerors must complete annual representations and certifications on-line at https://www.sam.gov/portal/public/SAM/. See Attachment 7, FAR Clause 52.212-3, Offeror Representations and Certifications - Commercial Items. (x) FAR clause at 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition. (xi) FAR clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items, applies to this acquisition. (xii) The Defense Priorities and Allocations System (DPAS) and assigned rating does not apply to this acquisition. Offerors shall submit their questions no later than 11:00 a.m., Eastern Standard Time (EST) on Monday, August 31, 2020. Offerors shall submit their quotations no later than 11:00 a.m., Eastern Standard Time (EST) on Friday, September 4, 2020. The quote must reference the Solicitation Number: 20-010686. All responsible offerors may submit a proposal, which if timely received, shall be considered by the agency. Quotes must be emailed to the Contract Specialist, Michael Falzone at Michael.falzone@nih.gov. Quotations shall not be deemed received by the Government until the quotation is entered into the e-mail address inbox set forth above. Faxed proposals will NOT be accepted. All quotes shall contain the following: 1. Name of Contracting Organization; 2. Solicitation Number; 3. Contract Type; 4. Total Contract Value and Discounts; 5. Description of Requirement; 6. Contracting Specialist's Name and Telephone Number; 7. North American Industry Classification System (NAICS) Code; and 8. DUNS Number. PROVISIONS AND CLAUSES ADDENDUM TO 52.212-4 (u) The non-FAR Part 12 discretionary FAR, and LOCAL clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 for locations where full text can be found. CLAUSES INCORPORATED BY REFERENCE 52.209-10 Prohibition on Contracting with Inverted Domestic NOV 2015 52.219-6 Notice of Total Small Business Set-Aside NOV 2011 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. (End of provision) 52.233-2 SERVICE OF PROTEST (SEP 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Anthony Q. Hawley Clinical Center, Office of Purchasing and Contracts 6707 Democracy Blvd., Suite 106, Mail Stop Code (MSC) 5480 Bethesda, MD 20892-5480 Telephone:301-496-0101 FAX: (301) 594-5920 E-mail: anthony.hawley@nih.gov (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) 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.acquisition.gov/browse/index/far (End of clause) 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any HHSAR FAR Supplement (48 CFR Chapter 3) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) (End of Addendum to 52.212-4) PROVISIONS INCORPORATED BY REFERENCE 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 CLAUSES INCORPORATED BY FULL TEXT INSTRUCTIONS TO OFFERORS: Addendum to FAR 52.212-1, Proposal Preparation Instructions FAR 52.212-1 is hereby amended to reflect the changes shown below as to the specific paragraph revised. Paragraph (b) Submission of Offers. The following amends this paragraph with respect to the information and documents required for submission in response to this solicitation. (1) ELECTRONIC OFFERS. The offeror shall submit electronic offers in response to this solicitation unless otherwise specified herein. The offer must arrive by the time specified in the solicitation to the following email address: Michael.falzone@nih.gov . (2) PROCESS FOR AWARD. Award will be made to the Best Value Offeror consistent with the evaluation criteria discussed at FAR 52.212-2 and Addendum to FAR 52.212-2. (3) BASIS FOR AWARD. Award will be made to the offeror that proposes: a technical proposal conforming to the requirements of the solicitation; has an acceptable record of past performance; its price is determined to be fair and reasonable by the contracting officer; and the contracting officer determines the offeror is responsible in accordance with FAR Part 9. The Contracting Officer intends to award without discussions, but reserves the right to do so in his or her sole discretion. (4) The Government may reject a proposal if it is found that any information that has a negative impact on the offeror's past performance record has been deleted, misrepresented, or withheld. (5) Offers shall remain valid for a period of 90 days from the date offers are due. (6) Quotation shall include Certifications and Representations, Technical, Past Performance, and Price as separate parts in the submission. CERTIFICATIONS & REPRESENTATIONS: Contract Line Item Numbers (CLINS). Provide pricing for each CLIN. Copy of Schedule Contract and terms and conditions, if applicable QUOTATION COMPOSITION: PART I: TECHNICAL FACTOR 1: TECHNICAL CAPABILITY – The offeror shall submit a technical description or product literature for the equipment it is proposing, which clearly identifies the manufacturer, make, and model. With respect to “or equal” submissions, the burden is upon the offeror to demonstrate in its technical proposal and the technical literature submitted that its product meets all salient characteristics. The Government will not make any assumptions regarding the acceptability of any “or equal” product submitted for evaluation. The offeror must demonstrate that its proposed equipment meets the Government Brand Name or “equal” requirement by providing a citation to the relevant section of its technical description or product literature. Offeror shall provide evidence that they are an authorized distributor/reseller to provide the item(s). For "or equal" submissions, the offeror shall address all salient characteristics and provide adequate documentation to demonstrate that the equipment submitted complies with all solicitation requirements. Additionally, Offerors shall provide evidence of the following: Proof to distribute/Resell as authorized distributor/reseller to provide the item(s) by submitting documentation from the manufacture (if applicable); No prototypes, demonstration models, used or refurbished equipment will be considered. Failure to provide proof to distribute/resell the original manufacture’s equipment may cause your offer to be rejected and not considered further for award. PART II: PAST PERFORMANCE. Offerors shall submit past performance information on at least two (2) but not more than four (4) recent and relevant contracts (within the past three years from the date of the solicitation). If more than four contract references are submitted, only the most recent four will be evaluated. References may include performance on contracts for Federal, State and local Governments as well as private commercial firms of similar size and scope. Section 1 – Contract Description Information: Contractor’s CAGE Code and DUNS Number. Point of Contact (POC) (name, and current address, e-mail address, and telephone and fax numbers). Contracting activity/Administration and current address, Contracting Officer or Technical Representative Name, e-mail address, telephone and fax numbers. Contract Number and, in the case of Indefinite Delivery type contracts, GSA contracts, and Blanket Purchase Agreements, include Delivery Order Numbers also. Awarded price. Final or projected final price. Original/Final delivery schedule, including dates of start and completion of delivery. Section 2 – Performance (See FAR Provision 52.212-2 Addendum Government intends to evaluate.) Offerors shall provide a specific narrative explanation of each contract listed in Section 1 above describing recency and relevancy of the requirements in this solicitation. For any contracts that did not/do not meet original schedule or technical performance requirements, provide a brief explanation of the reason(s) for the shortcomings and any corrective action(s) taken to avoid recurrence. The Offerors shall indicate if any of the contracts listed were terminated and the type and reasons for the termination. PART III: PRICE. Offerors shall provide pricing for all item/s specified in this solicitation. Offeror shall provide pricing in accordance with its current established Federal Schedule and any additional discounts. Pricing shall not exceed the Offeror’s current Federal Supply price list. Para (g) Contract award. This paragraph is amended to state that the Government may conduct discussions prior to contract award. Para (j) Data Universal Numbering System (DUNS) / CAGE Code. This paragraph is amended to state that the offeror shall obtain these Codes and include them in the proposal. Registration in System for Award Management and the Online Representations and Certifications, if you are a US firm. Award cannot and shall not be made to an offeror without these codes. Para (m) Proposal Preparation Costs. This solicitation does not commit the Government to pay any costs incurred in the submission of an offer, in making any necessary studies for the preparation thereof, or for any visit(s) the Contracting Officer may request for the purpose of clarification of the offer. Para (n) The offeror is responsible for ensuring that its proposal is complete. The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of any stated claims. The proposal shall not simply rephrase or restate the Government's requirements, but rather shall provide convincing rationale to address how the offeror intends to perform the requirement. The offeror shall assume that the Government has no prior knowledge of their experience and will base its evaluation solely on the information presented in the offeror's proposal. Para (o) Protests received at a level higher than the contracting officer will be referred to the contracting officer. Protestor may request a review by the contracting officer or an independent review at a level higher than the contracting officer. Requests for appeals or independent review will be addressed to the contracting officer for referral to the review authority. Questions on this process will be referred to the cognizant contracting officer identified in the solicitation. Para (p) The non-FAR Part 12 discretionary FAR, and LOCAL provisions included herein are incorporated into this solicitation either by reference or in full text. If incorporated by reference, see provision 52.252-1 herein for locations where full text can be found. (End of Addendum to FAR 52.212-1) 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) (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: See Addendum to 52.212-2 (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 52.212-2 Paragraph (a) is hereby supplemented with the following: Contract Evaluation and Award: Basis of Award - This solicitation will use procedures to make a best value award decision. Award will be made to the responsible offeror that provides the best technically acceptable offer and has an acceptable record of past performance. It is anticipated that the award will result in a firm fixed price contract. Except for communications conducted for the purpose of minor clarification, the Government intends to evaluate offers 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: Technical Capability - Factor 1. Technical Capability reflects the Government’s confidence in each offeror’s ability, as demonstrated in its offer, to provide the requirements as stated in this solicitation. The Government will evaluate whether the offeror has demonstrated that its proposed equipment and services satisfies the requirements stated in Attachment 1. The following adjectival ratings will be used in evaluating each offeror’s technical offer. TECHNICAL EVALUATION RATING DESCRIPTION Acceptable Offer clearly meets the requirements of the solicitation. Unacceptable Offer does not clearly meet the requirements of the solicitation. Note: Any offeror receiving a rating of “Unacceptable” for Technical Capability will no longer be considered for award. Past Performance – Factor 2. The past performance evaluation results is an assessment of the offeror’s probability of meeting the minimum past performance solicitation requirements as identified in Quotation Submission, Section 2, Past Performance- Factor 2 . 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 offer, 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. Products or services which are similar in size, scope magnitude and complexity include those products or services that are sold to Federal, State, or Local governments as well as private commercial firms. 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. Therefore, the offeror shall be determined to have “unknown” past performance. In the context acceptability/unacceptability, “unknown” shall be considered “acceptable.” Price - Factor 3. Offeror’s proposed price will be evaluated for reasonableness and verified to confirm that it does not exceed offeror’s established Federal Supply Schedule pricing and any discounts offered. (End of Addendum)