Incubator Shaker Growth System with CO2 Gassing and Humidity Control

Maryland

08/08/2025 08:55 PM EDT

08/05/2025 04:00 PM EDT

COMMERCE, DEPARTMENT OF - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY - DEPT OF COMMERCE NIST

This is a combined synopsis/solicitation for commercial products or commercial services 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; proposals are being requested, and a written solicitation will not be issued.

The solicitation number is identified above. This solicitation is issued a request for quotation (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-04 that was effective on June 11, 2025.

This acquisition is unrestricted; the NAICS code is 334516 with a small business size standard of 1,000 employees.  

A list of line item number(s) and items, quantities, and units of measure:

Contract Line Item Number (CLIN): 0001

Quantity:  1

Unit: Each

Contract Type: Firm-Fixed-Price

Description: Incubator Shaker Growth System with CO2 gassing and humidity control; see attached minimum specifications

FOB Point: FOB Destination

Delivery date: Within 30 days after contractor acceptance of order

Delivery address: Gaithersburg, Maryland (address to be specified in order)

The provision at 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition and a statement regarding any addenda to the provision.

The contracting officer intends to award a purchase order to the responsible quoter whose technically acceptable quotation represents the lowest evaluated price.

QUOTATION SUBMISSION INSTRUCTIONS:

(a) Submission of quotations. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation.

(b) As a minimum, quotations must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Firm-Fixed-Price for Contract Line Item Number 0001 (including any and all costs associated with shipping, logistics and transportation) and any discount terms;

(7) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(8) Acknowledgment of Solicitation Amendments;

(9) If the quotation is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of quotations. The quoter agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of quotations.

(d) Multiple quotations. Quoters are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart  4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each quotation submitted will be evaluated separately.

The clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, applies to this acquisition. The following addenda apply to that clause:

INSPECTION AND ACCEPTANCE CRITERIA FOR CLIN 0001

The NIST Technical Point of Contact (TPOC) will inspect and test CLIN 0001 for compliance with specifications and interface with the NIST equipment. The TPOC reserves up to 14 days after CLIN 0001 is delivered to NIST to complete that inspection and acceptance testing and to indicate to the contracting officer whether it passes inspection and acceptance testing. Within two business days after the contracting officer receives that information from the TPOC, the contracting officer will communicate it to the contractor.

1352.233-70 Agency Protests (Apr 2010)

1. An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate Protest Decision Authority.  See 64 Fed. Reg. 16,651 (April 6, 1999)
2.  Agency protests filed with the Contracting Officer shall be sent to the following address:

NIST/Acquisition Management Div.

Attn:  Joseph Widdup, Contracting Officer

100 Bureau Drive Stop 1640

Gaithersburg, MD  20899-1640

1.  Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: 

NIST/Acquisition Management Div.

Attn:  Head of the Contracting Office (HCO)

100 Bureau Drive Stop 1640

Gaithersburg, MD 20899-1640

1. A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.
3. Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce

Office of the General Counsel

Chief, Contract Law Division

Room 5893

Herbert C. Hoover Building

14th Street and Constitution Avenue, NW

Washington, DC  20230

FAX:  202/482-5858

1352.201-70 Contracting Officer’s Authority (Apr 2010)

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

1352.201-72 Contracting Officer’s Representative (COR) (APR 2010)   

(a)  TBD is hereby designated as the Contracting Officer’s Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

            NIST

            100 Bureau Drive

            Gaithersburg MD  20899

            Phone Number: TBD

            Email: TBD

(b)  The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer.  The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

1352.209-73 Compliance with the Laws (Apr 2010)

The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract.

1352.209-74 Organizational Conflict of Interest (Apr 2010)

(a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:

(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and

(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as “contractor”) in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venture, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.

(c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.

(d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms “contract,” “contractor,” and “Contracting Officer” shall be appropriately modified to preserve the Government's rights.

(f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1 and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk.

(g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof.

1352.233-71 GAO and Court of Federal Claims Protests (Apr 2010)

1. A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.
2. A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.
3. Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce

Office of the General Counsel

Chief, Contract Law Division

Room 5893

Herbert C. Hoover Building

14th Street and Constitution Avenue, N.W.

Washington, D.C.  20230

FAX: (202) 482-5858

NIST LOCAL-53 CONTRACT PERFORMANCE DURING CHANGES IN NIST OPERATING STATUS

All contractors performing work on active contracts at the U.S. Department of Commerce (DOC), National Institute of Standards and Technology (NIST) campus and/or working in NIST workspaces should go to the www.nist.gov website and under the “About NIST” tab click on “Visit”.  This site includes information about campus access and security information; identification requirements; parking information and more.

Contractor personnel are required to check the appropriate campus operating status and personnel requirements at https://www.nist.gov/campus-status daily prior to arriving on site.  All personnel must adhere to the requirements set forth in the operating status.

Unless otherwise stated in the contract terms and conditions, normal days of business operation are Monday through Friday, excluding Federal Holidays. However, throughout the contract period of performance, there may be circumstances beyond the control of NIST that will impact normal days of business operation, such as inclement weather, power outages, etc. In circumstances such as these, the Contractor must call the appropriate NIST campus status line to verify the operating status:
 

Gaithersburg Campus Operating Status Line:

(301) 975-8000
(800) 437-4385 x8000 (toll free)
 

Boulder Campus Operating Status Line:
(303) 497-4000

(303) 497-3000 option 2

In the event of a lapse in appropriation, access to Government facilities and resources, including equipment and systems, will be limited to excepted personnel for both Federal employees and Contractor personnel. If performance of the contract is onsite and/or requires Government interaction, unless the contractor has been, or is notified that it is required to work under an excepted status, the contractor must stop work. The work stoppage shall remain in effect until the lapse is resolved and notification is provided via the NIST website at https://www.nist.gov/ (banner on front page) and/or the NIST operating status line(s). Additionally, contractors are encouraged to monitor public broadcasts or the Office of Personnel Management’s website at www.opm.gov for the Federal Government operating status.

NIST will provide notification to all contractors that are determined to have excepted status. All excepted contractors are required to continue performance and communicate with the appointed Contracting Officer’s Representative (COR) for further guidance, or NIST Contracting Officer if a COR is not appointed.

Contractors with supply or service contracts that are fully funded at the time of contract award and do not require access to Government facilities, resources, or active administration by Government personnel in a manner that would not cause the government to incur additional obligations during the lapse in appropriation may continue performance.

Please note that in all circumstances that impact operations on the NIST campuses, contractors are expected to follow all direction and guidance provided by NIST authorities.

Department of Commerce Agency-Level Protest Procedures Level above the Contracting Officer is also incorporated. It can be downloaded at www.nist.gov/admin/od/contract/agency.htm

The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services, applies to this acquisition. The following additional FAR clauses cited in the clause are applicable to the acquisition:

52.203-17 Contractor Employee Whistleblower Rights (NOV 2023)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)

52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)

52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition (DEC 2023)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JAN 2025)

52.222-3 Convict Labor (JUN 2003)

52.222-19 Child Labor – Cooperation with Authorities and Remedies (JAN 2025)

52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020)

52.222-50 Combatting Trafficking in Persons (NOV 2021)

52.225-1 Buy American Act - Supplies (OCT 2022)

52.225-13 Restriction on Certain Foreign Purchases (FEB 2021)

52.232-33 Payment by Electronic Funds Transfer-System for Award Management (OCT 2018)

RFQ NO. 1333ND25QNB640405 MINIMUM SPECIFICATIONS

Contract Line Item Number (CLIN) 0001 shall meet the following minimum requirements:

The Contractor shall provide one Incubator Shaker Growth System with CO2 gassing and humidity control that meets the following minimum specifications with required consumables:

1. The Incubator shall be a double stack incubator.
2. Each of the the incubator in the double stack shall have separate controls.
3. The instrument shall be able to support growth of mammalian cell cultures containing suspended cells.
4. The instrument shall provide tight temperature control from ambient to 60°C with uniformity of 0.3°C in the entire chamber.
5. The instrument shall provide tight CO2 range control from 0.2-20% with an accuracy of 0.1%.
6. The instrument shall provide tight humidity control from 60-90% Rh with accuracy of 1%.
7. The instrument shall be equipped with a 25 mm throw platform for shaking of suspended cell cultures.
8. The instrument shall be able to support various flask formats from 1ml-5L cultures.
9. The instrument shall provide a platform with slideout operation compatible with various clamps and holders for sticky pads and holders and hold up to 20 kg of weight.
10. The instrument shall be capable of shake speed at 25 mm throw orbit from 30 rpm to 350 rpm.

Required Consumables and Set-Up Support:

1. Adhesion mats - 3
2. Stand for incubator
3. Microwell plate holders from 96 deep well to 6 deep well plates - 3
4. Water carboy for humidity control.
5. Set- up support, if needed.