SON - Bioruptor Plus - NOI SS.docx
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- Bioruptor Plus sonication device
- Solicitation number
- 75N91024Q00106
About this file
This document is a Statement of Need (SON) for the procurement of one Bioruptor Plus sonication device by the National Cancer Institute (NCI) at the National Institutes of Health (NIH).
The SON outlines the requirement for a Bioruptor Plus device with specific features such as a soundproof box, flexibility in sample volume, high throughput, closed environment, and bath-based sonication. The NCI is seeking to replace two existing Bioruptor devices that can no longer be repaired. The SON indicates this will be a firm fixed-price purchase order, and the contractor must accept trade-in of the two existing Bioruptor systems. Delivery is required within 6 weeks of order placement, and the device must include a minimum 12-month warranty with 2 months of technical support. The acquisition will be processed under FAR Part 12 for Commercial Items and is exempt from the requirements of FAR Part 6 for full and open competition.
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| NOI Sole Source - Bioruptor Plus.docx | DOCX document |
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STATEMENT OF NEED (SON)
1.0 TITLE
Procurement of One (1) Bioruptor Plus Sonication Device
2.0 BACKGROUND
The National Institutes of Health (NIH), National Cancer Institute (NCI), Laboratory of Biochemistry and Molecular Biology (LBMB) in the Center for Cancer Research (CCR) investigates basic mechanisms underlying cell growth, division, differentiation, and homeostasis, with a focus on the biology of chromosomes and the cell nucleus. LBMB fosters an interdisciplinary approach in which the methods of biophysics, biochemistry, genetics, and cell biology are used in an interactive and collaborative research environment to solve problems of fundamental importance for the understanding of molecular processes underlying cancer biology.
LBMB routinely performs protocols that require disruption/breakage of cells and shearing of chromatin into smaller pieces. Previously, LBMB used a Bioruptor Plus machine to conduct biochemistry experiments and have come to rely on it quite heavily for cell disruption and shearing chromatin, RNA, and DNA that support a variety of techniques including ChIP-seq and genome-wide sequencing library preparation. Unfortunately, the Bioruptor Plus has been through several repairs and is no longer able to be repaired due to lack of available parts.
3.0 TYPE OF ORDER
This shall be issued as a Firm Fixed-Price Purchase Order.
4.0 SPECIAL ORDER REQUIREMENTS
4.1 PRODUCT FEATURES/SALIENT CHARACTERISTICS
The following product features/characteristics are required for this requirement:
1) Soundproof box: the sonicator shall operate within a metallic soundproof box (included in purchase), in order to minimize the exposure of lab staff to damaging ultrasonic noise. The soundproof box shall be able to absorb at least 30 dBA of sound generated by the sonicator.
2) Flexibility in sample volume: the sonicator shall be able to process samples in 1.5 ml and 15 ml tubes, thereby allowing flexibility in sample volumes (from 100 ul up to 2 ml).
3) Throughput: the sonicator shall be able to process a minimum of 6 samples (in 1.5 ml or 15 ml tubes) at the same time, to allow for increased efficiency.
4) Closed environment: the sonicator shall process samples in closed tubes with continuous rotation, and not require direct contact of any part of the sonicator with the sample. This will prevent cross-contamination between samples.
5) Sonication shall be bath-based: the sonicator shall be designed such that ultrasound waves are randomly reflected off of the bath walls allowing dissipation of heat and providing uniform absorption of energy.
6) High power ultrasound generating element positioned below a sonication bath; this technology yields consistent and unbiased results for generating fragment lengths 150bp to 1kb – uses ultrasonic energy (without probe insertion into the sample) with Adaptive Cavitation Technology (ACT).
7) The sonicator shall have an easy mode and advanced mode for both new and experienced users.
8) The sonicator shall include automation of the sonication step to achieve consistent results when protocols are repeated by a single user and by others.
5.0 TRADE-IN
The Contractor shall accept trade-in of two existing systems as part of this requirement. The trade-in includes one (1) Diagenode Bioruptor Plus Sonicator Serial Number BRU-20143 and (1) Bioruptor Pico Serial Number P140507. The Contractor shall provide all applicable services for removal of the existing system such as labor, equipment, packaging/crates, shipping, and insurance. Removal of equipment from laboratory spaces must be coordinated with the TPOC to minimize impact on laboratory operations.
6.0 DELIVERY
The Contractor shall deliver all supplies FOB Origin no later than six weeks after receipt of order (ARO). Upon delivery, the Contractor shall notify the respective NCI Technical Point of Contact, TBD at award, to schedule installation dates and times. Installation shall be performed by, or under the direct supervision of, an Original Equipment Manufacturer (OEM) certified technician. Equipment shall be delivered to and installed at the following address:
TBD at award
Note that access to the NIH campus is restricted. As such all Contractor personnel will be required to access campus via designated entrances where they are subject to security screening. Also, due to the current COVID-19 Pandemic there maybe additional access restrictions. Please refer to the NIH Security and Access site for more details: (www.nih.gov/about-nih/visitor-information/campus-access-security).
| • | A minimum 12-month manufacturer warranty must be included |
| • | Shipping/Handling costs must be included in the quote. NCI will not be |
responsible in the event charges are not included in the quote.
• Installation charges must be included in the quote.
6.1 WARRANTY
The Contractor shall warrant that any instruments, equipment, components, or other supplies (“Supplies”) procured by this purchase are free of defects in design, material, or manufacture for a minimum of 12-months from date of installation.
The Contractor shall warrant that all consumables or expendable parts are free of defects in design, material, or manufacture for a period of at least 90 calendar days from date of acceptance by the Government.
Supplies which are repaired or replaced shall be warranted for the remainder of the initial warranty period or for 90-days – whichever is greater. 2-months of Technical Support shall be included in the warranty.
6.2 INSPECTION AND ACCEPTANCE
Pursuant to FAR clause 52.212-4, all work described in the SOW to be delivered under this purchase order is subject to final inspection and acceptance by an authorized representative of the Government. The authorized representative of the Government is the NCI Technical Point of Contact:
TPOC: TBD
The TPOC is responsible for inspection and acceptance of all services, materials, or supplies to be provided by the Contractor.
Regardless of format, all digital content or communications materials produced as a deliverable under this purchase order, shall conform to applicable Section 508 Standards to allow Federal employees and members of the public with disabilities to have access to and use of information and data that is comparable to the access to and use of information and data by Federal employees or by members of the public who are not individuals with disabilities. Remediation of any materials that do not comply with the applicable Section 508 requirements as set forth below, shall be the responsibility of the Contractor.
HHS guidance regarding accessibility of documents can be found at:
https://www.hhs.gov/web/section-508/accessibility-checklists/index.html
Federal Government-wide guidance regarding accessibility of documents can be found at https://www.section508.gov/, including the documents describing the preferred method of authoring and testing documents produced in Microsoft Word 2013 or later, Microsoft Excel, and files formatted as PDF.
7.0 PAYMENT
Payment shall be made after delivery/installation and acceptance of the equipment by the TPOC under this order.
The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: Prompt Payment (Jan 2017) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow:
I. Invoice Requirements
A. An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR 32.9. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats, or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.) Untimely notification will be considered in the computation of any interest penalty owed the Contractor.
1. Vendor/Contractor: Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact).
2. Remit-to address (Name and complete mailing address to send payment).
3. Remittance name must match exactly with name on original order/contract. If the Remittance name differs from the Legal Business Name, then both names must appear on the invoice.
4. Invoice date.
5. Unique invoice #s for all invoices per vendor regardless of site.
6. NBS document number formats must be included for awards created in the NBS: Contract Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number.
7. Unique Entity Identifier (UEI) which is in the System for Award Management (SAM) and replaces the Dun & Bradstreet Data Universal Numbering System (DUNS) number.
8. Federal Taxpayer Identification Number (TIN). In those rare cases where a contractor does not have a UEI number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor’s name on the face page of the award document.
9. Identify that payment is to be made using a three-way match.
10. Description of supplies/services that match the description on the award, by line billed.*
11. Freight or delivery charge must be billed as shown on the award. If it is included in the item price do not bill it separately. If identified in the award as a separate line item, it must be billed separately.
12. Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered or services performed, as applicable, and that match the line items specified in the award.*
NOTE: If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice. A modification to the order or contract may be needed before the invoice can be submitted and paid.
Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized. Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt.
B. The Contractor shall submit invoices to the Department of Treasury’s Invoice Processing Platform (IPP) at https://www.ipp.gov with a copy to the approving official as directed below.
The Contractor shall submit a copy of the electronic invoice to the following Approving Official (Purchasing Agent) and Technical Point of Contact:
Approving Official: Purchasing Agent
TBD: Name Email
Technical Point of Contact
| TBD: | Name |
| II. | Invoice Payment |
| A. | Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events: |
| 1. | The 30th day after the designated billing office has received a proper invoice. |
| 2. | The 30th day after Government acceptance of supplies delivered or services performed. |
| B. | The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended. |
| III. | Interest Penalties |
| A. | An interest penalty shall be paid automatically, if payment is not made by the due date and the conditions listed below are met, if applicable. |
| 1. | A proper invoice was received by the designated billing office. |
| 2. | A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with a term or condition. |
| 3. | In the case of a final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further settlement actions between the Government and the Contractor. |
B. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget.
IV. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS, FAR 52.232-40 (November 2021)
(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.
(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.
(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial products or commercial services.
(End of Clause)
V. HHSAR 352.232-71 Electronic Submission of Payment Requests (February 2, 2022)
(a) Definitions. As used in this clause— Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), ‘‘Content of Invoices’’ and the applicable Payment clause included in this contract.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.
(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.
(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer’s written authorization with each payment request.
(End of Clause)
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