75N91024Q00099_PreSol Notice.pdf

Title: Preventative Maintenance Service for BD Biosciences Influx Cell Sorter Instrument

Document Type: Pre-solicitation Notice of Intent to Sole Source Reference Number: 75N91024Q00099 Posted Date: 06/07/2024 Response Date: 06/20/2024 by 12:00pm EST

Classification Code: J066 – Maintenance, Repair, and Rebuilding of Equipment – Instruments and Laboratory Equipment NAICS Code: 8811210 – Electronic and Precision Equipment Repair and Maintenance

Issued By:

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

Description:

The Center for Immuno-Oncology (CIO) Flow Cytometry Core Facility at the Center for Cancer Research (CCR) at the National Cancer Institute (NCI) of the National Institutes of Health (NIH) requires preventative maintenance and emergency services for one (1) government-owned BD Biosciences Influx Cell Sorter with 5-lasers.

The Office of Acquisitions (OA) plans to procure, on a sole source basis, this specialized device from:

Becton, Dickinson, & Company (BD Biosciences) 2350 Qume Drive San Jose, CA 95131

SAM UEI: MM5ZHL8SRFY5

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 requirements in FAR Part 6. The North American Industry Classification System (NAICS) code is 8811210 – Electronic and Precision Equipment Repair and Maintenance; and the small business size standard is $34 million.

The Center for Immuno-Oncology (CIO) explores fundamental questions of cancer immunotherapy through rigorous preclinical studies and translates these findings into clinical trials with the goal of developing novel therapies for a spectrum of cancers. The CIO Flow Cytometry Core Facility is committed to maintaining an up-to-date array of instrumentation and provides essential optical biology services to the CIO and to other NCI and NIH investigators. The CIO Flow Cytometry Core Facility utilizes a customized, 5-laser BD Biosciences Influx instrument (Serial# X5000042) to sort a wide variety of cell types in support of multiple research, preclinical, and clinical applications, included the analysis of human patient samples. Therefore, proper maintenance and responsive emergency service is essential to prevent extended down-time for this intensely used equipment.

The internal components and software associated with the Influx-line of cell sorters is proprietary to BD Biosciences. In 2020, BD announced that the sale of Influx Cell Sorters would be discontinued after 9/30/2020. Despite no longer selling the devices, BD has continued to offer maintenance and supplies for the Influx Cell Sorters that remain in use. However, only BD Biosciences engineers are authorized to perform maintenance on their proprietary equipment and software. BD does not license third party technicians to perform maintenance on its equipment. In addition, BD is the sole-source for replacement parts and software.

Given the discontinuation of the Influx-line of BD cell sorter devices, it is critical that the device is well-maintained since it can no longer be replaced by the manufacturer. Continued maintenance of the government-owned BD Influx Cell Sorter means that the instrument must be calibrated and maintained according to the manufacturer’s specifications. Any deviation from the specifications could jeopardize the functionality of the equipment and delay throughput. Delays in throughput would directly impact the cancer research supported by the CIO, which is unacceptable.

The government-owned BD Influx used by NCI/CCR/CIO has a customized laser configuration. The configuration was determined by CIO specifically for their analytical needs. High-quality, consistent data analysis is critical to the research of the NCI/CCR/CIO. Any compromise the functionality of that configuration would invalidate the data generated by the Influx cell-sorter.

Therefore, it is crucial that the Influx Cell Sorter is properly maintained with OEM parts by trained technicians from BD Biosciences. To NCI’s knowledge, the manufacturer does not license third party technicians. It is understood that if a third-party technician repairs an Influx Cell Sorter, 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, BD Biosciences 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, June 20, 2024. 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: 75N91024Q00099 on all correspondence.

***Please reference the attached Statement of Work for more details pertaining to the nature of the requirement.***

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