FAR PROVISIONS AND CLAUSES: The following provisions and clauses will be incorporated: FAR 52.211-6 Brand Name or Equal
(a) If an item in this solicitation is identified as quote mark brand name or equal, quote mark 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 quote mark equal quote mark products must meet are specified in the solicitation.
(b) To be considered for award, offers of quote mark equal quote mark products; including quote mark equal quote mark 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 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.
(c) The Contracting Officer will evaluate quote mark equal quote mark 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 a quote mark equal quote mark product, the offeror shall provide the brand name product referenced in the solicitation.
(End of provision)
52.212-1 Instruction to Offerors Commercial Items (April 2014)
52.212-2, Evaluation Commercial Items:
The purchase order will be awarded to the Lowest Price Technically Acceptable (LPTA). The award will be made on the basis of the lowest evaluated price of quotations meeting or exceeding the acceptability standards for the requirements/technical specifications stated above. The technical evaluation will be a determination based on information furnished by the vendor. The Government is not responsible for locating or securing any information which is not identified in the quotation. The Government reserves the right to make an award without discussions. The Government reserves the right to award on all or none basis.
52.212-4 Contract Terms and Conditions Commercial Items (December 2014), applies to this acquisition.
52.212-5 Contract terms and Conditions Required to Implement Statutes or Executive Orders---Commercial Items (April 2015).
The following additional FAR clauses cited in this clause are applicable:
(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 items:
52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S .C. 2402)
52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509)
52.204-10 Reporting Executive Compensation and First Tier Subcontract Awards
(JUL 2013) (Pub.L. 109-282) (31 U.S.C. 6101 note).
52.209-6, Protecting the Government' Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013) (31 U.S.C. 6101 note).
52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313).
52.219-8 Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637 (d) (2) and (3).
52.219-28 Post Award Small Business Program Representation (JUL 2013) (15 U.S.C. 632(a) (2)).
52.222-21 Prohibition of Segregated Facilities (FEB 1999)
52.225-3 Buy American Act--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302 109-53, 109-169, 109-283, 110-138, Pub. L.112-41, 112-42 and 112-43).
52.232-33 Payment by Electronic Funds Transfer System for awards Management
(JUL 2013) (31 U.S.C. 3332).
52.233-3, Protest After Award
52.233-4, Applicable Law for Breach of Contract Claim
52.246-2 Inspection of Supplies-Fixed Price.
Please refer to the solicitation number NIH-OD-OLAO-RFQ3811766 on all correspondence.
Quotations must be received by Aug 4, 2015 at 10 a.m. ET via E-mail at [email protected]. All questions shall be in writing and may be addressed to Ms. Anita Edwards at the aforementioned E-mail noted above by July 30, 2015 at 10 a.m. ET. No collect calls will be accepted. In order to receive an award, the contractor must be registered and have valid certification in the Central Contractor Registration (CCR) and the Online Representation and Certifications Applications (ORCA) through sam.gov.