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AUGUST 20, 2024: THIS NOTICE IS BEING UPDATED TO INCORPORATE RFQ AMENDMENT #1, PLEASE SEE ATTACHED. THANK YOU! ========================= This is a combined synopsis/solicitation for commercial items p... AUGUST 20, 2024: THIS NOTICE IS BEING UPDATED TO INCORPORATE RFQ AMENDMENT #1, PLEASE SEE ATTACHED. THANK YOU! ========================= This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items”, pursuant to Simplified Acquisition procedures Federal Acquisition Regulation (FAR) subpart 13.106, "Soliciting competition, evaluation of quotations or offers, award and documentation," as supplemented with additional information included in this notice. A point of clarification, an item is considered to be commercial because of the supply or service itself, not because of who provides the item (Office of the Secretary of Defense Acquisition, Technology, and Logistics (Acquisition Initiatives), 2001, CID Handbook, v.1, page 10). This announcement constitutes the only solicitation where quotations are being requested, and any other written solicitation document will not be issued. This RFQ contains contractual information pertinent to this solicitation. It is not an exact representation of the contract document that will be awarded as a result of this solicitation. The contract price and other contractual provisions pertinent to your organization, for example, those relating to the organizational structure, e.g. Entity Structure is “Corporate Entity (Tax Exempt)” and the Profit Structure is “Non-Profit Organization”; may be discussed, as needed, during the quotation review process, and will be included in the resultant contract. The enclosed information is intended to provide the Vendor with the necessary information to understand the terms and conditions of the resultant contract. Therefore, it is the responsibility of each Quoter to identify in their quotation any terms and conditions in this RFQ that are not applicable to their Entity type, as represented in its SAM.gov Entity record. Otherwise, it will be understood that the Quoter does not take exception to the terms and conditions in this RFQ. This solicitation is a Request for Quotation (RFQ). It includes all applicable provisions and clauses in effect through Federal Acquisition Circular 2024-03. The associated North American Industry Classification System (NAICS) code for this procurement is 541990, with a small business size standard of $19.5 million. Multiple awards are anticipated to be made as a result of this solicitation. The anticipated total award value of all the awards is to exceed the current Simplified Acquisition Threshold amount, thus why FAR 12 pursuant to FAR 13.5 “Simplified Procedures for Certain Commercial Products and Commercial Services” is applicable to this requirement. Awards will be awarded as firm fixed-price type purchase orders. THIS IS A COMPETITIVE ACQUISITION conducted using simplified acquisition procedures under FAR 13.106-1 for a purchase order under FAR 13.302-1 procedures. The National Cancer Institute is seeking to obtain data on a group of pediatric cancer patients treated with proton or photon radiotherapy to contribute to an existing cohort of proton- or photon-treated pediatric patients. The Contractor(s) shall retrieve existing data from medical records for pediatric cancer patients treated at their institution with proton or photon therapy. De-identified clinical and treatment data obtained from this procurement will be used to evaluate the risks and benefits of proton therapy versus photon therapy for children with cancer. All interested companies shall provide a quotation for the requirement defined in Attachment 1 – Statement of Work. Place of Performance Service shall be performed remotely from the Contractor’s facility. Non-severable Services The services acquired under this purchase order are non-severable services, or work that results in a final product or end-item and for which benefit is received only when the entire project is complete. Period of Performance The planned Period of Performance shall consist of one (1) 14-month non-severable base period; anticipated start date on or about Nov. 1, 2024. Basis for Award and Evaluation Award shall be made using a tradeoff process to the quoter(s) who represent the best value. All evaluation factors other than Price, when combined, are significantly more important than Price. A technically acceptable quotation is one in which the quoter(s) complies with the Statement of Work (SOW), and with each of the Factors and sub-Factors listed below . Each Quoter is responsible for identifying in their quotation any terms and conditions in this RFQ that are not applicable to their Entity type, as represented in its SAM.gov Entity record, and are to submit in their quote, alternative, more appropriate, reasonable terms and conditions applicable to their Entity type. Otherwise, it will be understood that the Quoter does not take exception to the terms and conditions in this RFQ. Quotations that are not technically acceptable will not be considered for award. The Government intends to evaluate the quotation and award Firm-Fixed-Price Purchase Order(s) without discussions with the quoter. Therefore, the quoter's initial quotation should contain the quoter's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. Additionally, the Government reserves the right to request revisions to the quotation that seek additional price discounts, request revisions to the technical quotation, or clarify aspects of the quotation. In the event quotation revisions are requested, the Government will not necessarily be seeking revisions from all quoters. The Government may reject the quotation if such action is in the Government's interest and waive informalities and minor irregularities in the received quotation. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. Evaluation and award will be conducted in accordance with the requirements of FAR 13.106 and the following information provided. The technical evaluation will be a determination based on information furnished by the quoter. The Government is not responsible for locating or securing any information which is not identified in the quotation. The Government intends to evaluate the quotations and make multiple awards. FAR 52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021) (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 in descending order of importance: Factor #1 Technical Capability, Factor #2 Personnel, Factor #3 Price, Factor #4 Past Performance. All evaluation factors other than price, when combined, are more important than price. (b) 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) The following factors and sub-factors will be used to determine whether a quote is acceptable: 1. Factor #1-Technical Capability (See Attachment 2 – Technical Evaluation Criteria) 2. Factor #2 – Past Performance a. Subfactor #1 – Recency and relevancy of present/past performance in relation to this effort – In order to receive a rating of “acceptable” for this subfactor, quoter must, at a minimum provide past experience on similar type contract(s). The past experience should indicate successes of the contractor in completing / meeting delivery dates and customer satisfaction. The Government considers “recent” present/past performance to be within the past 3 years. The Government considers “relevant” present/past performance to be present/past performance effort involved in similar scope and magnitude of effort and complexities this solicitation requires. The Government may also use past performance information obtained from other than the sources identified by the quoter. Information obtained from the Past Performance Information Retrieval System (PPIRS) database located at http//www.ppirs.gov is one of the sources that will be utilized. PPIRS functions as the central warehouse for performance assessment reports received from several Federal performance information collection systems and is sponsored by the DOD E-Business Office and administered by the Naval Sea Logistics Center Detachment Portsmouth. NOTE: In accordance with FAR 15.305 (a)(2)(iv)), 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 shall be determined to have unknown past performance. In the context of acceptability / unacceptability, “unknown” will be considered “acceptable.” 3. Factor #3 - Price Invoice Submission/Payment Payment shall be made upon receipt and approval of each deliverable stated in the Deliverable Section in the attached Statement of Work, with the first payment equaling 10% of the total price and the three subsequent payments each equaling 30% of the total price. Payment authorization requires submission and approval of invoices in accordance with the attached payment provisions. A copy of each submitted invoice for payment shall also be e-mailed to the NCI COR’s contact information on the first page of the contract award. The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: PROMPT PAYMENT (JAN 2017 ) FAR 52.232-25. Highlights of this clause and NIH implementation requirements are attached (See ATTACHMENT - INVOICE INSTRUCTION AND PAYMENT PROVISIONS). PROVISIONS AND CLAUSES A. The provision at FAR Clause 52.212-1, Instructions to Offerors – Commercial Items, applies to this acquisition and is hereby incorporated by reference. All Federal Acquisition Regulation (FAR) clauses may be viewed at https://www.acquisition.gov/browse/index/far. B. The provision at FAR Clause 52.212-2, Evaluation – Commercial Items, is applicable and hereby incorporated by reference. The Evaluation Factors stated in this RFQ will be used to evaluate the acceptability of the quote. C. 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/. D. FAR clause 52.212-4, Contract Terms and Conditions - Commercial Items applies to this acquisition and is hereby incorporated by reference. PLEASE NOTE: The acceptance paragraph in 52.212-4 is based upon the assumption that the Government will rely on the quoter’s assurances that the commercial service tendered for acceptance conforms to the contract requirements. The government inspection of commercial services will not prejudice its other rights under the acceptance paragraph. Additionally, although the paragraph does not address the issue of rejection, the Government always has the right to refuse acceptance of nonconforming items. Other acceptance language +/or procedures may be proposed that is more usual and customary to the quoter’s organization business practices, e.g. modify the inspection/acceptance and warranty sections with alternate language, specifying that deliverables will conform to contract requirements and be subject to Government inspection and acceptance, removing the language requiring the repair or replacement of nonconforming supplies, and reperformance of nonconforming services, at no increase in contract price. In such cases, the quoter is requested to submit alternative language with their quote for the Contracting Officer to review. Mutually agreed upon language will be inserted into the Purchase Order’s terms and conditions as an addendum. Below is sample language that has been deemed acceptable: Inspection/Acceptance. The Contractor shall tender for acceptance only 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. Any dispute regarding the acceptability of the supplies or services will be resolved pursuant to FAR 52.233-1. Warranty. The Contractor shall tender for acceptance only 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. Any dispute regarding the acceptability of the supplies or services will be resolved pursuant to FAR 52.233-1. E. FAR clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services (MAY 2024) (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 products and commercial services: (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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232) (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) (5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553). (7) 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 products and commercial services: 52.203-17, Contractor Employee Whistleblower Rights (NOV. 2023) 52.204-27 Prohibition on a ByteDance Covered Application (JUN. 2023) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV. 2017) 52.222-3 Convict Labor (JUN. 2003) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (FEB 2024) 52.222-21 Prohibition of Segregated Facilities (APR. 2015) 52.222-26 Equal Opportunity (SEP. 2016) (E.O. 11246). 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN. 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC. 2010) 52.222-50 Combating Trafficking in Persons (NOV. 2021) 52.222-54 Employment Eligibility Verification (MAY 2022) 52.225-13 Restrictions on Certain Foreign Purchases (FEB. 2021) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) 52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV. 2021) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (OCT. 2018) (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 products and commercial services: 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN. 2022) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN. 2022) FAR 52.252-1 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 quoter is cautioned that the listed provisions may include blocks that must be completed by the quoter and submitted with its quotation. In lieu of submitting the full text of those provisions, the quoter may identify the provision by paragraph identifier and provide the appropriate information with its quotation. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/Far/ and/or http://www.hhs.gov/policies/hhsar/. 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP. 2007) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (JAN. 20217) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN. 2017) 52.204-7 System for Award Management 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN. 2020) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services. 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Service or Equipment 52.204-26 Covered Telecommunications Equipment or Services-Representation 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 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): http://www.acquisition.gov/far/ and/or http://www.hhs.gov/policies/hhsar/. 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN. 2020) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. HHSAR 352.222–70, Contractor Cooperation in Equal Employment Opportunity Investigations HHSAR 352.232–71, Electronic Submission of Payment Requests HHSAR 352.239–73, Electronic and Information Technology Accessibility Notice HHSAR 352.239–74, Electronic and Information Technology Accessibility QUOTATION SUBMISSION/ GENERAL INSTRUCTIONS/ FORMAT Please submit via email to the Contracting Officer as an attachment to the SF 18. Your quotation shall contain the following: • Completed and signed and dated SF18. • Technical portion of the quotation clearly and fully demonstrating the quoter’s capabilities, knowledge and experience regarding the technical requirements in the attached Statement of Work. Failure to respond explicitly to all of the Statement of Work will result in the quoter’s quotation being deemed technically unacceptable. A quotation that merely restates the requirements of the Statement of Work will be deemed technically unacceptable. The technical portion of the quotation shall be limited to no more than TWENTY (20) pages total. Any submitted Appendices and/or Attachments do not count against the page limitations. The quoter shall provide their price quotation suitable to a Firm Fixed Price award to include a budget to accomplish the work in the attached Statement of Work. This Request for Quotation (RFQ) does not commit the Government to pay any cost for preparation and submission of a quotation. In addition, the Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with this proposed acquisition. By submitting a quotation in response to this solicitation, it is understood that your firm's quotation shall become a part of the official contract file. Quotation must stipulate that it is predicated upon all the applicable terms and conditions of this RFQ and be signed by an official authorized to bind the organization. In addition, the quotation must contain a statement to the effect that it is firm for a period of at least 90 days from the date of receipt thereof by the Government. Quotations must provide clear responses, specifically addressing the requirements within this solicitation. Quotations which merely offer to conduct a project in accordance with the requirements of the Government's scope of work will not be eligible for award. In order to receive an award, quoters must have an active registration in www.sam.gov and have complete Representations and Certifications. Quotes must be submitted with one (1) of the following: o provide a copy of valid Representations and Certifications from the System for Award Management (SAM) at www.sam.gov. OR o a completed FAR 52.212-3 Quoter Representations and Certifications Commercial Products and Commercial Services, signed by an authorized representative of the quoter Quoters shall submit a signed SF-18 in addition to their prepared price quotation that contains all information necessary to allow for a comprehensive evaluation of the prices quoted. Specifically, quotations must include the following: • Federal Tax Identification Number (TIN); • Unique Entity Identifier (UEI) Number (see SAM.gov); and • Business Size (e.g., small or large) Questions must be submitted electronically (via email) to Contracting Officer, Catherine Muir at muirca@mail.nih.gov in Adobe Portable Document Format (PDF), no later than 3:00 PM ET Aug. 2, 2024. Quotations must be submitted electronically (via email) to the Contracting Officer, Catherine Muir at muirca@mail.nih.gov in Adobe Portable Document Format (PDF), no later than 3:00 PM ET on Sept 2, 2024. QUOTATIONS RECEIVED AFTER THIS DATE AND TIME WILL NOT BE CONSIDERED, UNLESS ACCEPTANCE WOULD BE IN THE BEST INTEREST OF THE GOVERNMENT. Please refer to Solicitation Number: 75N91024Q00002 on all correspondence. Attachments: Attachment 1 - Statement of Work Attachment 2 - Technical Evaluation Criteria Attachment 3 - Invoicing Instructions with IPP 4-21-22 Attachment 4 - Invoicing Instructions without IPP 4-21-22