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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-2159451 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) 2023-02, Effective 03/16/2023.

The North American Industry Classification System (NAICS) code for this procurement is 513210 Software Publishers, with a small business size standard of $47.0 million. The requirement is being competed without a small business set-aside and with a Brand-Name Restriction

The National Institute of Allergy and Infectious Diseases (NIAID) has a requirement for FlowJo FLS C (non-credit) license and includes unlimited telephone and email support. (See BOM for specifications.)

Effective date of software license: 05/01/2023-04/30/2024

Place of Performance: NIH, 903 S 4th St, Hamilton, MT 59840, United States.

* By submitting a quotation, you are accepting that all government terms and conditions set forth herein shall prevail over the award.

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 the lowest price technically acceptable. By submitting a quotation, you are accepting that all government terms and conditions set forth herein shall prevail over the award. The technical evaluation will be based on the following: technical capability to meet the requirements listed on the attachment, and then price.

The following FAR provisions apply to this acquisition:

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

FAR 52.212-1 Instructions to Offerors Commercial Items (Mar 2023)

FAR 52.212-3 Offerors Representations and Certifications - Commercial Items (Dec 2022)

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. (Nov 2015) is updated in your SAM record)

FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements – Representation (Jan 2017)

The following FAR contract clauses apply to this acquisition:

FAR 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days.

FAR 52-212-4 Contract Terms and Conditions Commercial Items (Dec 2022)

FAR 52-212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (Mar 2023)

*The applicable subparagraphs of FAR52.212-5 are included in the attachment to this posting.

FAR 52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Jan 2017)

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

FAR 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

HHSAR 352.222-70, Contractor Cooperation in Equal Employment Opportunity Investigations (Dec 2015)

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 & http: //www.hhs.gov/regulation/index.html or, upon request, either by telephone or fax.

Offers may be e-mailed to Ms. Skye Duffner, (E-Mail/ skye.duffner@nih.gov 406-802-6092). Late submissions 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 e-mail to Ms. Skye Duffner at skye.duffner@nih.gov.

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