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This notice provides details regarding a sole source contract for follow-on warranty and repair services for a multiphoton microscope system. The National Cancer Institute within the National Institutes of Health requires maintenance including scheduled service visits and parts replacement for one government-owned Olympus Multiphoton Microscope System. The Office of Acquisitions plans to award a sole source contract to Evident Scientific, Inc., the original equipment manufacturer, to provide these services. Responses to this pre-solicitation notice were due by September 18, 2023. As the microscope's internal components and mechanisms are proprietary to Evident Scientific, only their engineers are authorized to perform maintenance. Using an unauthorized third party for repairs could compromise the microscope's specifications and jeopardize cancer research. Therefore, Evident Scientific is considered the only provider that can meet the government's needs.

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Title: Follow-on Warranty and Repair Services for Olympus Multiphoton Microscope System and Associated Instrumentation

Document Type: Pre-solicitation Notice of Intent to Sole Source Solicitation Number: 75N91023Q00182 Posted Date: 9/14/2023 Response Date: 9/18/2023 by 12:00pm EST

Classification Code: J066 – Maintenance, Repair, and Rebuilding of Equipment –

Instruments and Laboratory Equipment

NAICS Code: 811210 – Electronic and Precision Equipment Repair and Maintenance

Issued By:

National Institutes of Health (NIH), National Cancer Institute (NCI), Office of Acquisitions (OA)

Description:

The Laboratory of Cellular and Molecular Biology (LCMB), within the Center for Cancer Research (CCR) at the National Cancer Institute (NCI) of the National Institutes of Health (NIH) requires warranty and repair services for the one (1) government-owned Olympus Multiphoton Microscope System comprised of one (1) MPE-RS Single, one (1) Insight DS Laser, and associated instrumentation.

The Office of Acquisitions (OA) plans to procure, on a sole source basis, maintenance services for this specialized microscope system from:

Evident Scientific, Inc.

48 Woerd Avenue Waltham, MA 02453

SAM UEI: F28HDPCVHEL8

The response close date of this notice for this requirement is in accordance with FAR 5.203(a)(1). This acquisition will be processed under FAR Part 12 and will be made pursuant to the authority in FAR 13.106-1(b)(1) and, in accordance with FAR 13, is exempt from the requirements of FAR Part 6. The North American Industry Classification System (NAICS) code is 811210 – Electronic and Precision Equipment Repair and Maintenance; and the small business size standard is $34 million.

The Olympus Multiphoton Microscope System was designed and configured by Olympus America, Inc, which was acquired by Evident Scientific, Inc. This state-of-the-art confocal instrument that requires professional maintenance including scheduled service visits and periodic parts replacement. The internal components and mechanisms of these instruments are proprietary to Evident Scientific, Inc. through its acquisition of Olympus America, Inc. Only Evident Scientific engineers are authorized to perform maintenance on their proprietary equipment.

Evident Scientific does not license third party technicians to perform maintenance on this specialized instrumentation. Evident Scientific, Inc. holds exclusive proprietary rights to the internal components of the confocal microscope, and it is a sole source for the replacement parts.

It is critical to the smooth operation and research of the NCI/CCR that the equipment in NCI LCMB continues to be calibrated accurately and maintained according to the manufacturer’s specifications. Any deviation from the specifications could jeopardize the use of the confocal microscope system and delay lab throughput. Delays in throughput would directly impact the cancer research and patient care supported by the LCMB, which is unacceptable. Therefore, it is crucial that the systems are properly maintained with OEM parts by trained technicians, who are only available through Evident Scientific, Inc. To NCI’s knowledge, the manufacturer does not license third party technicians. It is understood that if a third-party technician repairs an Olympus confocal microscope system, then the manufacturer would not perform any subsequent repairs or maintenance on the device. This scenario creates undue risk for the Government because if the third-party technician is unable to resolve an issue or provide adequate maintenance then the Government would be unable to return to the manufacturer for maintenance and repair services. Therefore, Evident Scientific, Inc. is the only provider that can meet the Government’s needs at this time.

This notice is not a request for competitive quotation. However, if any interested party, especially small businesses, believes it can meet the above requirement, it may submit a capability statement, proposal, or quotation, which shall be considered by the agency. The statement of capabilities and any other information furnished must be in writing and must contain material in sufficient detail to allow the NCI to determine if the party can perform the requirement. Responses must be received no later than 12:00PM EST, September 18, 2023.

All responses and questions must be in writing and emailed to Lena Lee, Contract Specialist, via electronic mail at lena.lee@nih.gov. A determination by the Government not to compete this proposed requirement based upon responses to this notice is solely within the discretion of the Government. Information received will be considered solely for the purpose of determining whether to conduct a competitive procurement. No collect calls will be accepted. In order to receive an award, Contractors must be registered and have valid, current Entity Record, including current Representations and Certifications, in the System for Award Management (SAM) through SAM.gov. Reference: 75N91023Q00182 on all correspondence.

***Please reference the attached Statement of Work for more details pertaining to the nature of the work to be performed.***

This notice does not obligate the Government to award a contract or otherwise pay for the information provided in response. The Government reserves the right to use the information provided by respondents for any purpose deemed necessary and legally appropriate.

Confidentiality. No proprietary, classified, confidential, or sensitive information should be included in your response. The Government reserves the right to use any non-proprietary technical information in any resultant solicitation(s).

mailto:lena.lee@nih.gov

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