Inactive Total Small Business Set-Aside (FAR 19.5)

Amended July 14, 2021 to distribute solicitation question and answer. See Attachment - RFQ Number 75N95021Q00284 Amendment Number 01. (i) This is a combined synopsis/solicitation for commercial items ... Amended July 14, 2021 to distribute solicitation question and answer. See Attachment - RFQ Number 75N95021Q00284 Amendment Number 01. (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (ii) The solicitation number is 75N95021Q00284 and the solicitation is issued as a request for quotation (RFQ). This acquisition is for a commercial item or service and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13—Simplified Acquisition Procedures and FAR Part 12—Acquisition of Commercial Items, and is not expected to exceed the simplified acquisition threshold. The Government anticipates award of an indefinite delivery, indefinite quantity contract and a firm fixed-price delivery order for this acquisition, and the anticipated award date is March 31, 2021. The Government anticipates a single-awardee, Indefinite-Delivery, Indefinite-Quantity (IDIQ) contract with a 5-year ordering period. A single delivery order with option quantities is anticipated to provide the required minimal annual quantities. Additional delivery orders will be awarded if necessary to meet needs. (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) Number 2021-05 dated March 10, 2021. (iv) This acquisition is a total small business set-aside. The associated NAICS code is 325120 and the small business size standard is 1,000 employees. (v) This acquisition is for the following list of contract line item numbers (CLINs) and items, quantities, and units of measure (including option(s), if applicable): Contract Maximum Line Item Annual (CLIN) Description Unit Quantity 1 Liquid Nitrogen (Year 1) Liter 38,400 July 30, 2021 to July 29, 2022 2 Option Quantity 1 – Liquid Nitrogen (Year 1) Liter 33,600 July 30, 2021 to July 29, 2022 3 Option Quantity 2 – Liquid Nitrogen (Year 2) Liter 72,000 July 30, 2022 to July 29, 2023 4 Option Quantity 3 – Liquid Nitrogen (Year 3) Liter 72,000 July 30, 2023 to July 29, 2024 5 Option Quantity 4 – Liquid Nitrogen (Year 4) Liter 72,000 July 30, 2024 to July 29, 2025 6 Option Quantity 5 – Liquid Nitrogen (Year 5) Liter 72,000 July 30, 2025 to July 29, 2026 (vi) The purchase description is included as Attachment 1 to this Solicitation. (vii) The place of delivery and acceptance shall be: The National Center for Advancing Translational Sciences (NCATS) 9800 Medical Center Drive Rockville, MD 20850 (viii) The provision at FAR clause 52.212-1, Instructions to Offerors – Commercial Items, applies to this acquisition. (ix) The Government will perform a comparative evaluation of responses in accordance with FAR 13.106-2(b)(3) and award a purchase order from this solicitation to the responsible offeror whose response meets the solicitation’s requirements and, as a whole, will be most advantageous to the Government, price and other factors considered. The evaluation will compare: Technical Capability to meet the Government requirement, Price, Terms and Conditions, and Past Performance as defined under FAR 13.106-2(b)(3). If only one quotation is received it will be evaluated on the preceding. Responses may exceed capability or performance characteristics of the solicitation’s requirements. The Government reserves the right, but is not required, to award to a response that exceeds capability or performance characteristics of the solicitation’s requirements if it provides a benefit to the Government. (x) Offerors are to include a completed copy of the provision at FAR clause 52.212-3, Offeror Representations and Certifications-Commercial Items, with offers. FAR clause 52.212-3, Offeror Representations and Certifications-Commercial Items, with offers. (xi) The clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. The following FAR and HHSAR provisions and clauses are accessible electronically at https://www.acquisition.gov/, apply to this acquisition, and are incorporated by reference: FAR 52.204-7, System for Award Management (Oct 2018) FAR 52.204-13, System for Award Management Maintenance (Oct 2018) FAR 52.204-16, Commercial and Government Entity Code Reporting (Aug 2020) FAR 52.204-18, Commercial and Government Entity Code Maintenance (Aug 2020) FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) FAR 52.204-26, Covered Telecommunications Equipment or Services-Representation (Oct 2020) FAR 52.225-2, Buy American Certificate (Jan 2021) FAR 52.237-2, Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) HHSAR 352.222-70, Contractor Cooperation in Equal Employment Opportunity Investigations (December 18, 2015) HHSAR 352.223-70, Safety and Health (December 18, 2015) The following apply to this acquisition and are incorporated in full text: FAR 52.216-18, Ordering Ordering (Aug 2020) (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 07/30/2021 to 07/29/2026. (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) A delivery order or task order is considered "issued" when— (1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail; (2) If sent by fax, the Government transmits the order to the Contractor's fax number; or (3) If sent electronically, the Government either— (i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or (ii) Distributes the delivery order or task order via email to the Contractor's email address. (d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract. (End of clause) FAR 52.216-19, Order Limitations Order Limitations (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 240 liters, 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 360,000 liters; (2) Any order for a combination of items in excess of 360,000 liters; or (3) A series of orders from the same ordering office within ten 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 7 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) FAR 52.216-22, Indefinite Quantity Indefinite Quantity (Oct 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 07/29/2026. (End of clause) FAR 52.217-7, Option for Increased Quantity-Separately Priced Line Item Option for Increased Quantity-Separately Priced Line Item (Mar 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor before the delivery order expiration date. Delivery of added items shall continue at the same rate that like items are called for under the contract and delivery order unless the parties otherwise agree. (End of clause) FAR 52.217-9, Option to Extend the Term of the Contract Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of a delivery order under this contract by written notice to the Contractor before the delivery order expiration date; provided that the Government gives the Contractor a preliminary written notice of its intent to extend before the delivery order expiration date. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended delivery order shall be considered to include this option clause. (c) The total duration of any delivery order, including the exercise of any options under this clause, shall not exceed beyond 07/29/2026. (End of clause) The following apply to this acquisition and are incorporated in full text as attachments: NIH Invoice and Payment Provisions and Electronic Invoicing Instructions for NIH Contractors/Vendors (2/10/2021): NIH implementation requirements of the PROMPT PAYMENT clause at FAR 52.232-25. Addendum to these invoicing instructions applies to this acquisition, and the additional instructions to offerors are as follows: The Contractor will invoice upon completion of deliveries. (xii) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition and is attached in full text. (xiii) Responses to this solicitation must include sufficient information to establish the interested parties’ bona-fide capabilities of providing the product or service. All Offerors must include a completed copy of Attachment 2, Pricing Form, with their response. The response shall contain a quotation that includes the total price, as well as: unit price, list price, shipping and handling costs, delivery days after contract award, delivery terms, prompt payment discount terms, F.O.B. Point (Destination or Origin), product or catalog number(s), product description, and any other information or factors that may be considered in the award decision. Such factors may include: past performance, special features required for effective program performance, trade-in considerations, probable life of the item selected as compared with that of a comparable item, warranty considerations, maintenance availability, and environmental and energy efficiency considerations. The Dun & Bradstreet Number (DUNS), the Taxpayer Identification Number (TIN), and the certification of business size must be included in the response. All offerors must have an active registration in the System for Award Management (SAM) www.sam.gov. All responses must be received by 09:00 AM, Eastern Time on July 19, 2021, and reference Solicitation Number 75N95021Q00284. Responses must be submitted by email to the Contracting Officer at mark.mcnally@nih.gov. (xvi) The name and telephone number of the individual to contact for information regarding the solicitation: Mark McNally, Contracting Officer, 301-827-5869, mark.mcnally@nih.gov. Solicitation Attachments (copies of all attachments available from the Contracting Officer upon request at mark.mcnally@nih.gov): Purchase Description Pricing Form FAR 52.204-26, Covered Telecommunications Equipment or Services-Representation (Oct 2020) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders–Commercial Items (Jan 2021) NIH Invoice and Payment Provisions and Electronic Invoicing Instructions for NIH Contractors/Vendors (2/10/2021)