75N95024Q00114 - CSS.pdf

NON-COMPETITIVE

COMBINED SYNOPSIS / SOLICITATION

Title: Maintenance Agreement of Bruker Biospin Nuclear Magnetic Resonance (NMR)

Spectrometer

(i) This is a combined synopsis/solicitation for commercial items 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.

(ii) The solicitation number is 75N95024Q00114 and the solicitation is issued as a request for quotation (RFQ).

This acquisition is for a commercial item or service and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13—Simplified Acquisition Procedures;

and FAR Part 12—Acquisition of Commercial Items, and is not expected to exceed the simplified acquisition threshold.

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), Office of Acquisition (OA), on behalf of the

National Institute of Mental Health (NIMH), intends to negotiate and award a purchase order without providing for full and open competition (including brand-name) to the following for the Maintenance Agreement of Bruker Biospin Nuclear Magnetic

Resonance (NMR) Spectrometer:

Bruker BioSpin Corporation

15 Fortune Drive

Billerica, MA 01821

This acquisition is conducted as non-competitive for a commercial item or service and is conducted pursuant to FAR 13.106-1(b)(1).

The rationale for the sole source justification is that Bruker BioSpin Corporation is the sole source provider of the software, parts, repair, and service of the Avance III HD 400

Nanobay NMR Spectrometer. No other company possesses both the parts and expertise to repair or service this instrument.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) Number 2024-02, with effective date

1/22/2024.

(iv) The associated NAICS code is 811210 – Electronic and Precision Equipment Repair and

Maintenance and the small business size standard is $34.0 million. This requirement is non-competitive with no set-aside restrictions.

(v) This requirement is for the following services:

The PET Radiopharmaceutical Sciences Section of the Molecular Imaging Branch

(PRSS/MIB) requires a maintenance agreement for its Bruker Biospin 400 MHz Nuclear

Magnetic Resonance (NMR) Spectrometer. The agreement shall cover the preventive maintenance and repair of the magnet, the probe, the console, and the temperature control unit of the NMR system.

(vi) The Government anticipates award of a firm fixed-price purchase order for this acquisition, and the anticipated period of performance is one (1) base year and four (4) option years.

Base period: March 1, 2024 through February 28, 2025

Option Year 1: March 1, 2025 through February 28, 2026

Option Year 2: March 1, 2026 through February 28, 2027

Option Year 3: March 1, 2027 through February 28, 2028

Option Year 4: March 1, 2028 through February 28, 2029

(vii) The provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference (Feb

1998), applies to this acquisition. This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these addresses:

https://www.acquisition.gov/browse/index/far https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html

(End of provision)

The following provisions apply to this acquisition and are incorporated by reference:

• FAR 52.204-7, System for Award Management (Oct 2018)

• FAR 52.204-16, Commercial and Government Entity Code Reporting (Aug 2020)

• FAR 52.212-1, Instructions to Offerors-Commercial Products and Commercial

Services (Sep 2023)

• FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services (Nov 2023)

• FAR 52.222-48, Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain

Equipment-Certification (May 2014)

• HHSAR 352.239-73, Electronic and Information Technology Accessibility Notice

(December 18, 2015)

The clause at FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998), applies to this acquisition. This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting

Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

(End of clause)

The following clauses apply to this acquisition and are incorporated by reference:

• FAR 52.204-13, System for Award Management Maintenance (Oct 2018)

• FAR 52.204-18, Commercial and Government Entity Code Maintenance (Aug

2020)

• FAR 52.212-4, Contract Terms and Conditions-Commercial Products and

Commercial Services (Nov 2023). Addendum to this FAR clause applies to this acquisition and is attached.

• FAR 52.217-9, Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within the period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of clause)

• HHSAR 352.222-70, Contractor Cooperation in Equal Employment Opportunity

Investigations (December 18, 2015)

• HHSAR 352.239-74, Electronic and Information Technology Accessibility

(December 18, 2015)

The following provisions and clauses apply to this acquisition and are attached in full text. Offerors MUST complete the provisions at 52.204-24 and 52.204-26 and submit completed copies as separate documents with their proposal.

• FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

• FAR 52.204-26 Covered Telecommunications Equipment or Services- Representation (Oct 2020)

• FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or

Executive Orders-Commercial Products and Commercial Services (Dec 2023)

• NIH Invoice and Payment Provisions

(viii) The Government will evaluate quotations or offers in accordance with FAR 13.106-2 and award a purchase order from this solicitation to the responsible offeror whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:

a. Technical capability of the item offered to meet the Government requirement;

b. Price; and

c. Past performance [see FAR 13.106-2(b)(3)].

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(ix) Offerors must include a completed copy of the provision at FAR clause 52.212-3, Offeror

Representations and Certifications-Commercial Items (Nov 2023), with its offer. If the offeror has completed FAR clause 52.212-3 at www.sam.gov, then the offeror does not need to provide a completed copy with its offer.

(x) The following additional contract requirement or terms and conditions as determined by the contracting officer are necessary for this acquisition and consistent with customary commercial practices: Standard warranty requirements may apply to this acquisition.

(xi) The Defense Priorities and Allocations System (DPAS) are not applicable to this requirement.

http://www.sam.gov/

(xii) Responses to this solicitation must include clear and convincing evidence of the offeror’s capability of fulfilling the requirement as it relates to the technical evaluation criteria. The price proposal must include the total price for the base period and the total price for each option year.

The Unique Entity ID from SAM.gov, 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.

All quotations must be received by 4:00 p.m., Eastern Time, on Monday, January 29, 2024, and reference solicitation number 75N95024Q00114. Responses must be submitted electronically to Sarah Adan, Contracting Officer at sarah.adan@nih.gov.

Fax responses will not be accepted.

http://www.sam.gov/