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This notice is a combined synopsis/solicitation for commercial items using Simplified Acquisition Procedures. This acquisition will be made in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 “Streamlined Procedures for Evaluation and solicitation for commercial Items,” as applicable, and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation (a written solicitation will not be issued) and quotes are being requested. The Solicitation number is RFQ-NIAID-23-2174473 and the solicitation is issued as a Request for Quotes (RFQ).
This acquisition will be processed under FAR Part 13 Simplified Acquisition Procedures (SAP). The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-04 dated 6/02/2023.
The North American Industry Classification System (NAICS) code for this procurement is NAICS 325413 – In-Vitro Diagnostic Substance Manufacturing (size standard 1,250).
The requirement is being competed as a Brand Name or Equal requirement (considered full and open competition), and without a small business set-aside.
National Institute of Allergy & Infectious Diseases (NIAID)’s Laboratory of Immunoregulation (LIR) (collectively “Program”) focuses its research efforts on the elucidation of cellular and molecular mechanisms of the regulation of the human immune response in health and disease. Program requires certain types of reagents for use in their long-standing research projects in the area of HIV/AIDS Pathogenesis. Specifically, Program needs EasySep Negative Human CD4 enrichment kits to isolate CD4+ T cells from HIV-infected individuals. The requested reagents will be used to isolate T cells from the following ongoing clinical trials at NIAID NCT000389 and NCT05612178) and other related studies (Role of Viral Reservoirs in Pathogenesis of HIV Disease (Z01-AI000851-05) to understand how the host immune system controls HIV viral replication without antiretroviral drugs.
Program needs these EasySep Negatiev Human CD4 kits from StemCells Technologies due to unique technical and compatibility requirements. These EasySep Negative Human CD4 Kits are suitable for Program’s requirements and will work with RoboSep instruments manufactured by StemCell Technologies currently in use by Program labs. This StemCell Technologies instrument needs to use the kits manufactured by StemCells. Furthermore, Program lab has been using these same kits to process patient specimens in on-going clinical trails and research. Any changes in supplies will be disruptive to the research project for Role of Viral Reservoirs in Pathogenesis of HIV Disease (Z01-AI000851-05). The reagent requested is to be used in the most critical step of Program’s analyses where we need to isolate pure T-cell populations in a highly reproducible way. StemCell’s EasySep Negative Human CD4 cocktail of reagents used to isolate these pure populations are designed specifically for Program’s patient populations, and any variation in these cocktails would introduce a variable that would impede Program’s ability to compare both cross-sectional and longitudinal assays that Program performs with the cells isolated using these cocktails. Reproducibility and consistency is critical to pursue Program’s research goals and bring projects to completion.
The National Institute of Allergy and Infectious Diseases (NIAID) has a requirement for the following Brand Name of items:
Delivery Date or Period of Performance:
Delivery will occur within six (6) weeks of award.
Place of Performance or Delivery Location:
Bethesda, MD 20892.
The government intends to award a “firm fixed price” purchase order to the responsible contractor as a result of this RFQ that will include the terms and conditions set forth herein. The award will be based on the technical capability to meet the requirements and price. NIAID will evaluate quotes to determine the best value to the government. NIAID will evaluate price only for those quotes, which are rated as technically acceptable. In the event quotes are evaluated as technically equal, price will become a major consideration in selecting the successful Offeror.
The following FAR provisions apply to this acquisition:
FAR 52.212-1 Instructions to Offerors Commercial Items
FAR 52.212-3 Offerors Representations and Certifications - Commercial Items
FAR 52.204-7 System for Award Management
(Offerors must complete annual representations and certifications on-line at http://www.sam.gov/ in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items (Please ensure 52.209-2 -- Prohibition on Contracting with Inverted Domestic Corporations--Representation.
FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements – Representation
FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
52.204–26 Covered Telecommunications Equipment or Services-Representation
FAR 52.211-6 Brand Name or Equal
As prescribed in 11.107(a), insert the following provision:
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.
The following FAR contract clauses apply to this acquisition:
FAR 52-212-4 Contract Terms and Conditions Commercial Items
FAR 52-212.5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items
FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors
FAR 52.204-13 System for Award Management Maintenance
FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
HHSAR 352.222-70, Contractor Cooperation in Equal Employment Opportunity Investigations
52.252-2 -- Clauses Incorporated by Reference.
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 address: http://farsite.hill.af.mil/vffara.htm.
By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the System for Award Management (SAM) database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation (www.sam.gov).
Copies of the above-referenced provisions and clauses are available from http://www.acquisition.gov/far/loadmainre.html & http: //www.hhs.gov/regulation/index.html or, upon request, either by telephone or fax.
Submission shall be received not later than 07/22/2023 @ 4:00 PM EST
Offers may be emailed to Lu Chang at <[email protected]> by 4:00 pm eastern standard time July 22, 2023. Offers shall include RFQ number in the subject line (RFQ-NIAID-23-2174473). Late submission shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).
All responsible sources may submit an offer that will be considered by this Agency. Any questions or concerns regarding this solicitation should be forwarded in writing via email to Lu Chang at [email protected].