Maintenance Contract for NIDAs MR 400 Nuclear Magnetic Resonance Spectrometer system (NMR)
INTRODUCTION: PURSUANT TO FAR Subpart 5.2-Synopses of Proposed Contract Actions, THIS IS A PRE-SOLICITATION NOTICE OF A PROPOSED CONTRACT TO ACTION. THIS IS A PRE-SOLICITATION NON-COMPETITIVE NOTICE OF INTENT TO AWARD A CONTRACT OR PURCHASE ORDER WITHOUT PROVIDING FOR FULL OR OPEN COMPETITION (INCLUDING BRAND-NAME). The National Institute on Drug Abuse (NIDA), Contracts Management Branch - Blue (CMB) on behalf of the NIDA, Intramural Research Program (NIDA-IRP) intends to negotiate and award a contract for preventative maintenance and on-call service repairs for NIDA's Agilent MR-400 Nuclear Magnetic Resonance Spectrometer without providing for full or open competition. NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE The intended procurement is classified under NAICS code 811219 with a Size Standard of $20,500,000. REGULATORY AUTHORITY: The resultant contract will include all applicable provisions and clauses of the Federal Acquisition Regulation (FAR) in effect tough the Federal Acquisition Circular (FAC) 2005-95. STATUTORY AUTHORITY: This acquisition is conducted as non-competitive under the authority of 41 U.S.C. 253(c) under provisions of the statutory authority of FAR Subpart 6.302-1 - only one responsible source and no other supplies or services will satisfy agency requirements. DESCRIPTION OF REQUIREMENT: Project Description The National Institute on Drug Abuse (NIDA) Intramural Research Program (IRP) Drug Design and Synthesis Section's (DDSS) major research direction is the elucidation of the structure and function of neurotransmitter systems in the mammalian central nervous system (CNS) in normal, drug-altered, and pathological states and the molecular mechanism of action of central nervous system (CNS) active drugs. Organic/medicinal chemistry is the foundation of the multidisciplinary approach utilized in these studies that requires the rational design and chemical synthesis of novel agonists, antagonists, imaging agents, affinity ligands, and other drugs for applications. The principal focus of DDSS is the application of these techniques to study the mechanism of action of drugs and the development of medications for the treatment and prevention of drug abuse. The most integral part of the DDSS medicinal chemistry program and especially organic synthesis is the ability to structurally characterize the novel molecules that are prepared in the DDSS. A critical tool for this characterization is a sophisticated high field NMR. Every chemist in the DDSS laboratory uses the NMR instrument multiple times daily making it an absolute necessity to maintain in optimum condition. When the instrument requires attention outside of the laboratories limited troubleshooting abilities, a quick and efficient service turnaround is essential to limit instrument downtime which in turn limits the research downtime. A preventative maintenance and on call service repairs contract for NIDA's NMR system shall ensure that the service needs will be met, and the correct parts will be used if necessary. Agilent Technologies, Inc. is the exclusive service provider for technical support, software and parts for this instrument. Since all hardware and software are proprietary, and pursuant to the terms and conditions of the equipment's warranty, only authorized Agilent service professionals are permitted to perform repair and preventive maintenance service procedures to those instruments that are covered under the agreement. Any service or repair performed by a non-authorized Agilent service professional could void the warranty on the NMR. Purpose and Objectives:Independently and not as an agent of the Government, the Contractor shall furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government as needed to perform the Statement of Work. The Contractor shall provide preventative maintenance and on-demand repair services for the Agilent 400MR NMR including, service coverage for the Console, Magnet, and up to four room temperature probes, telephone Support to isolate and resolve hardware and software problems, Service Center Repair or Exchange as applicable, and On-site Hardware Troubleshooting and Repair with Standard Response time. All labor, Service, and Parts shall be included. This service plan also shall provide one Preventive Maintenance visit, and shall include all travel within the specified travel area. Period of Performance: The estimated period of performance shall be 09/24/2019 tough 09/23/2020. Additionally, four option periods shall also be quoted by the contractor. Option Period One (if exercised) shall be 09/24/2020 tough 09/23/2021. Option Period Two (if exercised) shall be 09/24/2021 tough 09/23/2022. Option Period Tee (if exercised) shall be 09/24/2022 tough 09/23/2023. Option Period Four (if exercised) shall be 09/24/2023 tough 09/23/2024. CLOSING STATEMENT: This synopsis is not a request for competitive proposals. However, interested parties may identify their interest and capability to respond to this notice. An interested Offeror must be able to demonstrate its capability to independently, and not as an agent of the Government, provide: preventative maintenance and on-demand repair services for the Agilent 400MR NMR including service coverage for the Console, Magnet, and up to four room temperature probes; telephone Support to isolate and resolve hardware and software problems; Service Center Repair or Exchange as applicable; On-site Hardware Troubleshooting and Repair with Standard Response time; and be services by official Agilent engineers and technicians. Responses to this notice must include enough information to establish the interested parties' bona-fide capabilities of providing the product or service. The price quote shall include: unit price, list price, 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. 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." A determination by the Government not to compete this proposed contract based upon responses to this notice is solely within the discretion of the Government. The information received will normally be considered solely for the purposes of determining whether to proceed on a non-competitive basis or to conduct a competitive procurement. All responses must be received by August 22, 2019, 12:01 p.m. Eastern Time and must reference number 75N95019Q00314. Responses must be submitted electronically to Josh Lazarus, Contracting Officer at josh.lazarus@nih.gov and must reference the solicitation number 75N95019Q00314 on your electronic request. FAX requests are not accepted. "All responsible sources may submit a capability statement, proposal, or quotation, which shall be considered by the agency.". 75N95019Q00314 Department of Health and Human Services National Institutes of Health National Institute on Drug Abuse
8/15/19, 4:30 PM Maintenance Contract for NIDAs MR 400 Nuclear Magnetic Resonance Spectrometer system (NMR) - 75N95019Q00314
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulations (FAR) 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 75N95019Q00314 and the solicitation is issued as request for quotation (RFQ). This acquisition is for a commercial item or service and is conducted under the authority of the FAR 13-Simplified Acquisition Procedures; and FAR 12-Acquisition of Commercial Items, and is not expected to exceed the simplified acquisition teshold. THIS IS A NON-COMPETITIVE (NOTICE OF INTENT) COMBINED SYNOPSIS SOLICITATION TO AWARD A CONTRACT OR PURCHASE ORDER WITHOUT PROVIDING FOR FULL OR OPEN COMPETITION (INCLUDING BRAND-NAME). The National Institute on Drug Abuse (NIDA) Drug Design and Synthesis Section (DDSS), within the Molecular Targets and Medications Discovery Branch (MTMDB), requires an onsite and fully functional NMR to further maximize the sections productivity in synthesizing and structurally characterizing novel compounds for the research and treatment of drugs of abuse. This equipment requires routine adjustments tough the year that the chemists in DDSS are not trained to provide. NIDA uses a MR 400 Nuclear Magnetic Resonance Spectrometer that is provided by and supported tough Agilent Technologies, Inc. This equipment is essential to the success of NIDA's laboratory mission to provide novel research compounds to the scientific community for the treatment of drug abuse. The NMR system is manufactured and supported by Agilent. All hardware and software are proprietary, and pursuant to the terms and conditions of the equipment's warranty, only authorized Agilent service professionals are permitted to perform repair and preventive maintenance service procedures to those instruments that are covered under the agreement. Any service or repair performed by a non-authorized Agilent service professional could void the warranty on the NMR. The solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular 2019-05 dated 08-13-2019. The associated NAICS code 811219, and the small business size standard $20,500,000. This requirement is not a total small business set-aside. Tough this procurement the NIDA intends to purchase Agilent's "CrossLab Silver Research" service package for the MR 400 NMR Standard System. The anticipated period of performance for the base period shall be 9/24/19 tough 9/23/20. Option Period One (if exercised) shall be 9/24/20 tough 9/23/21. Option Period Two (if exercised) shall be 9/24/21 tough 9/23/22. Option Period Tee (if exercised) shall be 9/24/22 tough 9/23/23. Option Period Four (if exercised) shall be 9/24/23 tough 9/23/24. Below is a table that contains a list of line item numbers, description of the requirement as well as the potential options (if exercised). Line No. 1 - FY2019. Preventative maintenance and service for NIDA's MR400 NMR. 9/24/19 - 9/23/20. N02DA-19-9009. Item # 400MR-MR1005W018. Line No. 2 - FY2020. Preventative maintenance and service for NIDA's MR400 NMR. 9/24/20 - 9/23/21. N02DA-19-9009. Item # 400MR-MR1005W018. Line No. 3 - FY2021. Preventative maintenance and service for NIDA's MR400 NMR. 9/24/21 - 9/23/22. N02DA-19-9009. Item # 400MR-MR1005W018. Line No. 4 - FY2022. Preventative maintenance and service for NIDA's MR400 NMR. 9/24/22 - 9/23/23. N02DA-19-9009. Item # 400MR-MR1005W018. A detailed description of the services to be acquired is attached to this combined synopsis/solicitation, labeled as Attachment #1 - Statement of Work (SOW). The dates for delivery and designated place and point of contract for delivery is identified in the SOW. The provision at FAR clause 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition. The provision at FAR clause 52.212-2, Evaluation - Commercial Items, applies to this acquisition. The Government will award a contract resulting from this solicitation to the responsible offeror who is determined to be technically acceptable and the lowest price. The following criteria shall be used to evaluate technically acceptable offers: 1. Offerors must demonstrate the capability to provide the services described in the SOW; 2. Offerors must demonstrate the capability to provide only Agilent factory-trained, authorized technicians, and engineers; 3. Offerors must demonstrate their capability to provide OEM certified and compatible components for any required parts, software or proprietary diagnostic software, or software enhancements that may be required as part of this contract. Offerors price quote will be evaluated for reasonableness. For a price to be reasonable, it must represent a price to the government that a prudent person would pay when consideration is given to prices in the market. Normally, price reasonableness is established tough adequate price competition, but may also be determined tough cost and price analysis techniques. Price evaluation will not be conducted on any Offeror determined to be technically unacceptable. Offeror shall provide a technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. Offerors may also submit such things as product literature, product samples (if requested), technical features and warranty provisions. The Offeror is to include a completed copy of the provision at FAR clause 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer. The FAR clause at 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition. The FAR clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition. The Contractor shall comply with the following FAR clauses: 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017); 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016); 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018); 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019); 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019); 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013); 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015); 52.222-3, Convict Labor (June 2003); 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Oct 2016); 52.222-21 Prohibition of Segregated Facilities (Apr 2015); 52.222-26 Equal Opportunity (Sept 2016); 52.222-36 Equal Oppurtunity for Workers with Disabilities (JUL 2014); 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010); 52.222-50 Combating Trafficking in Persons (March 2015); 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011); 52.225-13 Restrictions on Certain Foreign Purchases (June 2008); 52.232-33 Payment by Electronic Funds Transfer- System for Award Management (JUL 2013); 52.232-39 Unenforcability of Unauthorized Obligations (Jun 2013); 52.233-3, Protest After Award (Aug 1996); and 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004). The following additional contract requirement(s) or terms and conditions as determined by the contracting officer are necessary for this acquisition and consistent with customary commercial practices: 1. Federal Acquisition Regulations (FAR) Clauses and Provisions Incorporated by Reference: a. The Federal Acquisition Regulations clauses and provisions identified in the General Clauses for a Negotiated Fixed-Price Service Contract are incorporated by reference into this award. The clauses and provisions in full text are located at https://oamp.od.nih.gov/dgs/general-clauses/clause-details/FPSRV b. 52.216-8 - Fixed Fee (Jun 2011). c. 52.217-5 -- Evaluation of Options, (July 1990) 2. 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 5 days. 3. FAR 52.217-9, Option to Extend the Term of the Contract (Mar 2000) The Government may unilaterally extend the term of this contract by written notice to the Contractor; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 5 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension. If the Government exercises this option, the extended contract shall be considered to include this option clause. The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years. 4. FAR 52.222-41, Service Contract Labor Standards (May 2014). 5. FAR 52.222-42, Statement of Equivalent Rates For Federal Hires (May 2014) 6. FAR 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment (Multiple Year And Option Contracts) (May 2014). 7. FAR 52.222-55 Minimum Wages Under Executive Order 13658 (December 2015) The Defense Priorities and Allocations System (DPAS) are not applicable to this requirement. Responses to this solicitation must include sufficient information to establish the interested parties' bona-fide capabilities of providing the product or service. The technical response and price quote shall be submitted in an order and manner consitient with the table identified above and shall include: unit price, list price, discount price, shipping and handling costs, delivery days after contract award, delivery terms, prompt payment discount terms, F.O.B. Point (Destination, Origin, etc), 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. The response to the combined synopsis/solicitation is due no later than August 26, 2019 at 4:00 P.M. Eastern Standard Time (EST). Proposal submitted after the deadline may not be considered. The response must be submitted in a "read-only" electronic format to the Contracting Officer, Josh Lazarus at josh.lazarus@nih.gov. In the response, Offerors shall cite the RFQ number 75N95019Q00314 and the name of firm in the subject line of email submittal. Fax responses will not be accepted. 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. Request for additional information and clarification may be sent to Contracting Officer, Josh Lazarus at josh.lazarus@nih.gov on or before August 24, 2019 at 12:30 P.M EST.. 75N95019Q00314 Department of Health and Human Services National Institutes of Health National Institute on Drug Abuse
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