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Akoya Biosciences PhenoImager HT System - Brand Name or Equal COMBINED SYNOPSIS / SOLICITATION 75N95023Q00126 INTRODUCTION This is a combined synopsis/solicitation for commercial items prepared in acc... Akoya Biosciences PhenoImager HT System - Brand Name or Equal COMBINED SYNOPSIS / SOLICITATION 75N95023Q00126 INTRODUCTION 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. The solicitation number is 75N95023Q00126 and the solicitation is issued as a request for quotation (RFQ). NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE This requirement is assigned North American Industry Classification System (NAICS) code 334516, Analytical Laboratory Instrument Manufacturing, with a size standard of 1,000 employees. SET-ASIDE STATUS This acquisition is full and open with no set aside restrictions. ACQUISITION AUTHORITY 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; FAR Subpart 13.5— Simplified Procedures for Certain Commercial Items; and FAR Part 12—Acquisition of Commercial Items, and is expected to exceed the simplified acquisition threshold. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) Number 2023-01, with effective date December 30, 2022. DESCRIPTION OF REQUIREMENT Purpose This requisition is to purchase a Akoya Biosciences Phenolmager HT System for use in the Tissue Bioprinting Lab within the National Center for Advancing Translational Sciences (NCATS) Division of Preclinical Innovation (DPI). Project Requirements See Attached Purchase Description for details. Place of Performance/Delivery The place of performance shall be the National Institutes of Health, National Center for Advancing Translational Sciences (NCATS), 9800 Medical Center, Bldg. B, Rockville, MD 20850. Contract Type The Government intends to issue a firm fixed price purchase order for this requirement. Invoicing shall be in accordance with the Prompt Payment Act and payment shall be made via Electronic Funds Transfer (EFT). Response Format Responses to this solicitation must include clear and convincing evidence of the offeror’s capability of fulfilling the requirement as it relates to the salient characteristics of the product. The offeror must identify in their response where parts/equipment are manufactured by completing the FAR 52.225-2 Buy American Certificate (Attachment 2). The offeror must indicate in their response as to whether the brand-name or equal product proposed can or cannot meet the salient characteristics as stated in this combined solicitation synopsis. In addition, the quote must provide their company name, 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.” EVALUATION The provision at FAR clause 52.212-2, Evaluation-Commercial Items, applies to this acquisition. (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: (i) technical capability of the items offered to meet the Government requirement; (ii) past performance, and (iii) price. Technical capability and past performance, when combined, are significantly 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. Award will be made on all or none basis. If you are providing an "equal" product, you must submit additional documentation that highlights and describes how your offering is equal in accordance with FAR Clause 52.211-6. FAR 52.211-6 BRAND NAME OR EQUAL (AUG 1999) 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. To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must- Meet the salient physical, functional, or performance characteristic specified in this solicitation; Clearly identify the item by- Brand name, if any; and Make or model number; Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification. The Contracting Officer will evaluate "equal" products based on 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. 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. ADDITIONAL INFORMATION The following provisions apply to this acquisition and are incorporated by reference: • FAR 52.204-7, System for Award Management (Oct 2018) • FAR 52.204-16, Commercial and Government Entity Code Reporting (Aug 2020) • FAR 52.211-6, Brand Name or Equal (Aug 1999) • FAR 52.212-1, Instructions to Offerors-Commercial Items (Nov 2021) • FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (Dec 2022) • FAR 52.225-1, Buy American - Supplies (Oct 20221) • FAR 52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022), is checked on the 52.212-5 attachment, include: FAR 52.225-4, Buy American-Free Trade Agreements-Israel Trade Act Certificate (Oct 2022) • FAR 52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act with Alternate I, II, or III (Dec 2022) • FAR 52.225-5 Trade Agreements (Dec 2022) • HHSAR 352.239-73, Electronic and Information Technology Accessibility Notice (December 18, 2015) The clause at FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998), applies to this acquisition. 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 these addresses:https://www.acquisition.gov/browse/index/far https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html (End of clause) The following clauses apply to this acquisition and are incorporated by reference: • FAR 52.204-13, System for Award Management Maintenance (Oct 2018) • FAR 52.204-18, Commercial and Government Entity Code Maintenance (Aug 2020) • FAR 52.212-4, Contract Terms and Conditions--Commercial Items (Dec 2022). Addendum to this FAR clause applies to this acquisition and is included as an attachment. The following provisions and clauses apply to this acquisition and are attached in full text: • FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Dec 2022) • NIH Invoice and Payment Provisions (Feb 2021) and/or IPP Invoicing Procedures dated April 21,2022. (i). The Offerors to include a completed copy of the provision at FAR clause 52.212-3, Offeror Representations and Certifications-Commercial Items (Dec 2022), with its offer. (ii). The clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Dec 2022). Addendum to this FAR clause applies to this acquisition and is attached. (iii). The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Dec 2022), applies to this acquisition and it is attached in full text. (iv). The following additional contract requirement(s) or terms and conditions as determined by the contracting officer are necessary for this acquisition and consistent with customary commercial practices and include contract warranty requirements: (v). The Defense Priorities and Allocations System (DPAS) are not applicable to this requirement. (vi). Respondents proposing on an equal product of the brand-name product specified in this announcement must provide, as part of their response: (a) product, catalog, model, and/or part number(s); (b) product description; (c) all relevant information and documentation that the item(s) offered meets the salient physical, functional, or performance characteristics as specified in the purchase description; quantity; estimated price or cost; shipping, handling, and/or installation charges; and delivery date after receipt of order. 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. Closing Information All questions must be received by 3:00 p.m. Eastern Standard Time, on March 8, 2023, and reference Solicitation Number 75N95023Q00126. Questions may be submitted via electronic mail to michelle.cecilia@nih.gov. All quotations must be received by 3:00 p.m., Eastern Standard Time, on March 7, 2023, and reference Solicitation Number 75N95023Q00126. Responses must be submitted via electronic mail to michelle.cecilia@nih.gov. Fax responses will not be accepted. ATTACHMENTS Attachment 1 – Purchase Description Attachment 2 – FAR 52.225-2, Buy American Certificate Attachment 3 – NIH Invoice and Payment Provisions Attachment 4 – FAR 52.212-5, Contract Terms and Conditions – Commercial Items Attachment 5 - FAR 52.214-4, Addendum Attachment 6 – Additional Terms and Conditions (IT)