75N95020Q00255

Post Date/ Solicitation Issue Date

August 19, 2020 12:00 pm

Closing Response Date

August 24, 2020 3:00 pm

Proposed Award Date

August 27, 2020 12:00 pm

Project Title

Eurofins Pharma and Bioanalytics Services US Inc. Selected Assays

Contracting Office

National Institute on Drug Abuse (NIDA)

Small Business Size Standard

$16,500,000

Estimated Period of Performance

Within 10 weeks after receipt of PO and compounds to assay

Delivery of Goods

N/A

Competition Status

Non-Competitive

Single-Sole Source Determination

This acquisition requires previous experience in the safety pharmacology testing of small molecule compounds for inhibitory activity against 44/87 targets. Profiling panels used shall provide the early identification of significant off-target interactions for the optimization of safety margins. Since all previous data collected in collaboration with NIDA was obtained from Eurofins Panlabs, NCATS want sthis order to be sole sourced to keep the data consistent.

Background/Description of Requirement

(i)         The solicitation number is 75N95020Q00255 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.

THIS IS A NON-COMPETITIVE E-RFQ WITHOUT PROVIDING FOR FULL OR OPEN COMPETITION (INCLUDING BRAND-NAME).

The National Institute on Drug Abuse (NIDA), NIDA Office of Acquisitions – NCATS Section, on behalf of the National Center for Advancing Translational Sciences (NCATS), intends to negotiate and award a contract without providing for full and open competition (including brand-name) to Eurofins Panlabs.

Pursuant to FAR Subpart 13.501(a)(1)(iv) the rationale for the brand name justification. Market research resulted in no other companies that are capable of meeting the Governments requirement.

(ii)        The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-07 dated August 3, 2020.

(iii)       The associated NAICS code is 541380 and the small business size standard is $16,500,000.00.  No set-aside restriction is applicable.

(iv)       Project requirements:        

            Testing of two (2) compounds provided by NCATS. The testing on both compounds will include:

1. Cytotoxicity (HepG2, 5 endpoints) (Eurofins Panlabs item #G202)
2. Cytotoxicity (HPH, viability, ROS and MMP) (Eurofins Panlabs item #970011)
3. AMES fluctuation test  (Eurofins Panlabs item #G175)
4. Micronucleous (CHO +S9, HCA)  (Eurofins Panlabs item #1684)
5. Micronucleous (CHO -S9, HCA)  (Eurofins Panlabs item #1560)
6. CYP inhibition (HLM, package of 8 assays)  (Eurofins Panlabs item #G232)
7. Bacterial cytotoxicity (Eurofins Panlabs item #G226)

Government Responsibilities:

NCATS will provide 10 mM DMSO stock solutions of the compound to be tested in the various assays.

(v)        Period of performance shall be: Within ten (10) weeks after the contract data and receipt of material

(vi)       The provision at FAR clause 52.212-1, Instructions to Offerors – Commercial Items, applies to this acquisition.

(vii)      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.

(b) Offers will be evaluated for technical criteria, price, and past performance. Technical criteria consists of matching the line item identified above. Technical and past performance, when combined, are significantly more important than price.

(c) 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.

(viii)     Offerors are to include a completed copy of the provision at FAR clause 52.212-3, Offeror Representations and Certifications—Commercial Items, with offers.

(ix)       The FAR clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition. The following addendum applies:

The following FAR provisions or clauses are incorporated by reference:

52.204-7, System for Award Management (Oct 2018)

52.204-13, System for Award Management Maintenance (Oct 2018)

52.204-16, Commercial and Entity Code Reporting (Jul 2016)

52.204-18, Commercial and Entity Code Maintenance (Jul 2016)

HHSAR 352.222-70, Contractor Cooperation in Equal Employment Opportunity Investigations (December 18, 2015).

52.212-4(g), Invoice, is supplemented by the NIH Invoice and Payment Instructions (2/2014).

(x)        FAR clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders–Commercial Items, applies to this acquisition. 

(xi)       The Defense Priorities and Allocations System (DPAS) are not applicable to this requirement.

(xii)      The following clasuse is applicable to this acquisition and is attached in full

text:

52.204-24, Representation Regarding Certain Telecommunications and VideoSurveillance Services or Equipment

 

Please complete and return FAR 52.204-24 with your quote.

 

(xiii)     Responses to this notice must include sufficient information to establish the interested parties’ bona-fide capabilities of providing the product or service.  The response shall include a QUOTATION that includes: unit price, list price, total price, any 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.

(xiv)     In addition, 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 08/24/2020 at 3:00 pm Eastern Standard Time and reference solicitation number 75N95020Q00255.  Responses must be submitted by email to Ty Lawson, Contract Specialist, ty.lawson@nih.gov, tel. 301-496-9868.

The name of the individual to contact for information regarding the solicitation:

Ty Lawson, Contract Specialist, ty.lawson@nih.gov.

 

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

 

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

 

1. Definitions. As used in this provision-

 

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

 

2. Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

 

1. Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

 

2. Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

 

2. Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

 

1. 1. Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

 

1. 2. Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

 

3. Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

 

4. Representations. The Offeror represents that—

 

1. 1. It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”
   2. After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

 

              It [ ] does, [ ] does not use covered telecommunications equipment or serces, or use any equipment,                          system, or service that uses covered telecommunications equipment or services. The Offeror shall provide                the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds                      “does” in paragraph (d)(2) of this section.

 

5. Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

 

1. For covered equipment—

 

1. The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

 

2. A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

 

3. Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

 

2. For covered services—

 

1. If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

 

2. If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

 

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

 

1. For covered equipment—

 

1. The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

 

2. A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

 

3. Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

 

2. For covered services—

 

1. If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

 

2. If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

 

(End of provision)