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STREAMLINED SOLICITATION FOR COMMERCIAL ITEMS COMBINED SYNOPSIS / SOLICITATION (COMPETITIVE) Title: Reagents and Consumables for Xenium Analyzer (Brand Name or Equal) Introductory Statement This is a ... STREAMLINED SOLICITATION FOR COMMERCIAL ITEMS COMBINED SYNOPSIS / SOLICITATION (COMPETITIVE) Title: Reagents and Consumables for Xenium Analyzer (Brand Name or Equal) Introductory Statement 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; quotations are being requested, and a written solicitation will not be issued. Solicitation Number and Authority The solicitation number is 75N95023Q00409 and the solicitation is issued as a Request for Quotations (RFQ). This acquisition is for a commercial item or service, is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13—Simplified Acquisition and FAR Part 12—Acquisition of Commercial Items, and is not expected to exceed the simplified acquisition threshold. Applicable Federal Acquisition Circular The solicitation document, the incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-05, dated August 8, 2023. NAICS Code and Small Business Size Standard The associated NAICS code is 334516 (Analytical Laboratory Instrument Manufacturing) and the small business size standard is $1,000 employees. This requirement is full and open with no set-aside restrictions. Description of Requirement The purpose of this acquisition is to acquire multiple reagents, reagent kits, and consumables as identified in Attachment 1. Purchase Description, to be used with an existing Xenium Analyzer, for in situ gene analysis providing subcellular localization and quantification of RNA transcripts within fresh frozen or fixed tissue and for analysis of spatial transcriptomics in the HIV infected brain. Please refer to Attachment 1. Purchase Description for complete details and specifications for this requirement. Addendum to FAR 52.212-1 The provision at FAR 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services (MAR 2023), applies to this acquisition and is incorporated by reference. The following is provided as an addendum: To be considered for award, quotes MUST conform to the instructions and specifications contained in this Solicitation. The Government requests discounts. Quotes must include itemized prices for each required reagent, reagent kit, or consumable identified in Attachment 1. Purchase Description, as shown in the following example: Line Item: 1 Item: Xenium Custom Gene Expression Panel (51 to 100 genes) (Product Code 1000561) Price per Item: $__________ Quantity: Eight (8) Total Price: $ OR Line Item: 1E Item: Equal Product Name (Product/Catalog Number ) Price per Item: $ Quantity: Eight (8) Total Price: $__________ Total Price for All Items/Products: $__________ The Government reserves the right to award with or without discussions if it determines it to be in its best interest. Therefore, it is important that your initial quotation include your most favorable terms from both a price and technical standpoint. The Government also reserves the right to award no purchase order depending on the quality of the quotations, the availability of funding, and the continued existence of the requirement. The Government intends to issue one (1) firm-fixed-price purchase order. The offeror’s Unique Entity ID from SAM.gov, the Taxpayer Identification Number (TIN), and the certification of business size must be included in offeror’s quote/offer. Offeror must have an active registration in the System for Award Management (SAM) www.sam.gov at the time of quote submission to be eligible for award. Applicability of FAR 52.252-1 The provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, applies to this acquisition. 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 offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/ https://www.hhs.gov/grants-contracts/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html (End of provision) 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 Products and Commercial Services (MAR 2023) FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (DEC 2022) FAR 52.214-34 Submission of Offers in the English Language (APR 1991) FAR 52.214-35 Submission of Offers in U.S. Currency (APR 1991) FAR 52.222-22 Previous Contracts and Compliance Reports (FEB 1999) FAR 52.225-18 Place of Manufacture (AUG 2018) FAR 52-225-5 Trade Agreements (DEC 2022) FAR 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (JUN 2020) HHSAR 352.239-73, Electronic and Information Technology Accessibility Notice (December 18, 2015) – included in full text (See Attachment 2) Applicability of FAR 52.252-2 The clause at FAR 52.252-2 Clauses Incorporated by Reference, applies to this acquisition. The purchase order resulting from this solicitation shall incorporate 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. The full text of a clause may also be accessed electronically at this/these address(es): https://www.acquisition.gov/ https://www.hhs.gov/grants-contracts/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html (End of clause) Applicability of Additional Provisions and Clauses The following clauses apply to this acquisition and are incorporated by reference (IBR): 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 Products and Commercial Services (DEC 2022). Addendum to this FAR clause applies and is included in Attachment 2. Additional Terms and Conditions. HHSAR 352.222-70, Contractor Cooperation in Equal Employment Opportunity Investigations (December 18, 2015) (included Attachment 2.) HHSAR 352.239-74, Electronic and Information Technology Accessibility (December 18, 2015) (included in Attachment 2.) The following provisions and clauses apply to this acquisition and are attached in full text. FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) (included in Attachment 2. Additional Terms and Conditions) FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) (included in Attachment 2.) FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (MAR 2023) (included in Attachment 2.) NIH Invoice and Payment Provisions with IPP (Updated 4/21/2022) (See Attachment 4. NIH Invoice and Payment Provisions.) Applicability of FAR 52.212-2 The provision at FAR 52.212-2 Evaluation—Commercial Products and Commercial Services (NOV 2021), applies to this acquisition. The Government will award a purchase order resulting from this solicitation on the basis of lowest price technically acceptable. Technical acceptability will be evaluated based upon the following: The Offeror must include in its quote all brand name (Xenium Reagents, Reagent Kits and Consumables) or equal products as detailed in the Purchase Description. Or Equal products must meet or exceed all salient characteristics in the Purchase Description and as stated below. Salient Characteristics: The salient physical, functional, or performance characteristics that “equal” products must meet are as follows: Fully compatible with Xenium Analyzer and Xenium Platform Offeror must provide in its quotation brochures and/or published technical specifications that provide evidence of each or equal product’s ability to meet the above stated salient characteristics. Options – Not applicable and will not be evaluated. 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) unless a written notice of withdrawal is received before issuance of a purchase order. (End of provision) Applicability of FAR 52.212-3 The provision at FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (DEC 2022) applies to this acquisition and is incorporated by reference. Offeror shall include a completed copy of Attachment 3. Offeror Representations and Certifications, unless the Offeror has completed FAR clause 52.212-3 at www.sam.gov. If the Offeror has completed FAR clause 52.212-3 at www.sam.gov, then the offeror does not need to provide a completed copy with its offer/quote. Applicability of FAR 52.212-4 The clause at FAR 52.212-4 Offeror Representations and Certifications—Commercial Products and Commercial Services (DEC 2022), applies to this acquisition and is incorporated by reference. Addendum to this FAR clause applies to this acquisition and is included in Attachment 2. Additional Terms and Conditions. Applicability of FAR 52.212-5 The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders–Commercial Products and Commercial Services, applies to this acquisition and is included in Attachment 2. Additional Terms and Conditions. Applicability of Defense Priorities and Allocations System (DPAS) The DPAS is not applicable to this requirement. Quote Submission Deadline and Point of Contact All quotations must be received by 4:00 p.m. Eastern Time on September 10, 2023, and reference Solicitation Number/RFQ Number 75N95023Q00409. Quotations must be submitted electronically to Marlene Milgram, Contracting Officer, at marlene.milgram@nih.gov. Faxed responses will not be accepted. For information regarding this solicitation, please contact Marlene Milgram at marlene.milgram@nih.gov. IMPORTANT This solicitation does not commit the Government to pay any costs incurred in the preparation of the submission of a quotation or to contract for supplies or services. Attachments Attachment 1. Purchase Description Attachment 2. Additional Terms and Conditions Attachment 3. Offeror Representations and Certifications Attachment 4. NIH Invoice and Payment Provisions