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This document is a Statement of Work (SOW) for a firm-fixed-price Purchase Order for maintenance and support services on 24 government-owned Becton Dickinson (BD) flow cytometry instruments used by the National Cancer Institute (NCI). The contractor shall provide preventive maintenance inspections, emergency on-site repair services, software updates, and technical support during standard and extended business hours. All parts, labor, and travel shall be included in the firm-fixed-price. The period of performance is a base period of 12 months with a 12-month option period. Certain equipment will have staggered start dates during the base period.

The related federal contract opportunity is a pre-solicitation notice to procure these maintenance services on a sole-source basis from BD Biosciences. The agency plans to award a commercial item contract under FAR Part 12 and the authority of FAR 13.501(a), due to BD Biosciences being the sole manufacturer and service provider for the specialized instruments. The response deadline is April 12, 2024, and the North American Industry Classification System code is 811210.

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STATEMENT OF WORK

1.0 TITLE

Maintenance Service Contract for various Government-Owned BD Flow Cytometry Equipment

2.0 BACKGROUND

The U.S. Department of Health and Human Services (HHS), National Institutes of Health (NIH), National Cancer Institute (NCI), Center for Cancer Research (CCR) requires maintenance and support for twenty-four (24) Government-owned Becton Dickinson and Company (BD) Flow Cytometers (FACSymphony A5s, FACSymphony A3s, FACSymphony S6s, LSR Fortessas, LSR Fortessa X-20s, FACSArias, FACSCanto II and Influxs) which are used extensively by NCIs CORE Flow Cytometry Facilities in support of ongoing cancer research and patient care efforts.

3.0 SCOPE

The Contractor shall provide all labor, material, and equipment necessary to maintain and provide preventive maintenance for the following Government-owned Becton Dickinson and Company equipment and their associated system components (See Section 10 for configurations) such as autoloaders, lasers, and other items:

1 BD FACSymphony A5 R66096400137

2 BD FACSymphony A3 H66093700003

3 BD FACSymphony A5 H66096400111

4 BD FACSymphony S6 R66293700077

5 BD FACSymphony A3 SORP R66093700078

6 BD FACSymphony A3 SORP R66093700213

7 BD LSR Fortessa 3-Laser SORP H64717700068

8 BD FACSymphony S6 R66293700074

9 BD LSR Fortessa SORP H64779500002

10 BD LSR Fortessa SORP R64717700219

11 BD LSR Fortessa X-20 H656385004

12 BD LSR Fortessa X-20 R656385208

13 BD FACSymphony A5 R66096400135

14 BD FACSAria Fusion R65828200122

15 BD FACSymphony S6 R662937A0013

16 BD LSR Fortessa SORP H64717700105

17 BD FACSAria III P64828200227

18 BD FACSCanto II V33896202274

19 BD LSR Fortessa SORP H17700008

20 BD LSR Fortessa SORP H64717700128

21 BD FACSymphony A5 R660964000078

22 BD FACSAria Fusion P65828200015

23 FACSAria IIu Special Order System P46900083

All maintenance services shall be performed on-site in accordance with the Original Equipment Manufacturers (OEM) most current standard commercial maintenance practices. Onsite and emergency services shall be provided during standard business hours (Defined as 8:00 – 17:00 EST, Monday through Friday, excluding Federal Holidays found at (www.opm.gov/policy-data-oversight/pay-leave/federal-holidays) and extended hours (17:00 – 21:00 EST, Monday through Friday) for any issues not able to be resolved remotely, or during normal business hours.

Software updates/services may be provided remotely as applicable. All travel, labor, materials, and related charges shall be included in the purchase order price.

4.0 TYPE OF ORDER

This is a firm-fixed-price Purchase Order for Severable Services.

5.0 GENERAL PERFORMANCE REQUIREMENTS

5.1 PREVENTIVE MAINTENANCE

The Contractor shall perform two (2) planned preventive maintenance (PM) inspections during the contract period. PMs shall be performed by technically qualified factory-trained personnel.

PMs shall consist of a thorough cleaning, calibration, adjusting, inspection, and testing of all equipment in accordance with the manufacturer’s latest established service procedures. All equipment shall be operationally tested through at least one (1) complete operating cycle at the end of the PM inspection to ensure optimal, efficient, and accurate performance of the system and its associated components.

(Note: Due to the staggered start dates for these instruments, not all devices will require two (2) PMS in the base period of performance.)

5.2 EMERGENCY SERVICE

On-site, emergency repair service visits shall be provided during the term of this contract at no additional cost to the government. Emergency services shall be provided during normal working hours, Monday through Friday, 8:00 – 17:00 EST, excluding Federal Holidays. Upon receipt of notice that equipment or associated components are not functioning properly, the Contractor’s technical support staff shall within one (1) hour of the notice provide an initial response. If the issue is not able to be resolved via technical support the contractor shall within forty-eight (48) hours furnish a qualified factory-trained service representative to inspect the equipment and perform all necessary repairs and adjustments required to restore the equipment to normal and efficient operating condition. Emergency service calls shall not replace the necessity for planned preventative maintenance. All labor, materials, and travel shall be included in the purchase order pricing.

5.3 REPLACEMENT PARTS

The Contractor shall furnish all required replacement parts at no additional cost to the Government, with the exception of consumables. All parts shall be OEM parts that are new or certified OEM remanufactured. Upon identification of a need for replacement parts the contractor shall make their best efforts to deliver them within twenty-four (24) hours, or the following day, or the following business day should the delivery falls on a Friday or proceeding a Federal Holiday. If for any reason the delivery of parts takes longer than twenty-four (24) hours, the contractor must notify the COR immediately, and provide an estimated delivery date.

5.4 SOFTWARE UPDATES/SERVICE

The Contractor shall provide software service and updates in accordance with the manufacturer’s latest established service procedures at no additional cost to the Government. Updates shall include error revisions, FDA-mandated updates (if applicable), reliability fixes to existing software, and all other similar updates. Additionally, the Contractor shall provide telephone access to technical support for use of program software and troubleshooting of the operating systems, at no additional cost to the Government. The contractor shall receive advance approval for the installation of all software updates and revisions from the Government. Defective software shall be replaced at no additional cost to the government.

5.5 TECHNICAL SUPPORT

The Contractor shall provide unlimited toll-free technical telephone and email support at no additional cost to the Government. General technical support shall be available 24/7, and for troubleshooting of the instrument and clinical application support shall be available MON-FRI 8:00 – 17:00 EST, excluding Federal holidays.

5.6 SERVICE EXCLUSIONS

The Contractor shall not be responsible for any repairs necessitated by abuse, neglect, vandalism, Acts of God, fire, or water. Repairs resulting from such events may be subject to a separate purchase order, a change order to the award, or any other means deemed appropriate by the Government. Further, the Contractor shall not be responsible for supplying or repair of consumables. Consumables for the purpose of this requirement are any item not directly associated with the covered types of equipment components, parts, or software.

5.7 PERSONNEL QUALIFICATIONS

The Contractor shall only provide technically qualified, OEM-trained, and authorized service technicians to perform all required services and provide technical support for equipment specified above in Section 3.0. The technicians shall be specifically trained on covered equipment, associated accessories, system components, and software. Technicians must have access to the latest official instrument documentation, system specifications, software, and components necessary to maintain and repair equipment to normal operating conditions. All primary service personnel shall have at least one backup support person with at least the same level of expertise on the equipment covered by this contract.

Contractor’s personnel shall perform all work in a professional workman like manner and in accordance with OEM and industry standards. This includes ensuring that personnel always conduct themselves in a professional manner throughout the performance of work at specified NCI locations. Upon completion of the services, the Contractor’s employees shall ensure that work areas are clean and free of all debris so as not to affect/hinder laboratory staff and operations. Further, the contractor shall be held responsible for the cost of any repair or replacement of any Government-owned property damaged by Contractor’s employees.

5.8 FIELD SERVICE REPORTS

Field Service Reports (FSR): The contractor shall provide an electronic FSR to NCI’s COR within seventy-two (72) of hours of completion of any services performed on equipment or software covered under this requirement. The Contractor shall complete FSR to include at a minimum, the following:

1. Contractors Name;

2. Technician’s name, telephone number, and signature;

3. Date and Time at which services were performed;

4. Equipment Make, Model, and Serial Number;

5. Summary of malfunction/issue;

6. Summary of work performed;

7. Certification that equipment is fully operational.

FSR shall be delivered in Microsoft Office 2013 or newer Word formats or Adobe PDF, unless prior approval for another format has been obtained from the COR.

5.9 ANNUAL REPORT

The Contractor shall provide the Contracting Officers Representative (COR) with an annual report summarizing the services furnished throughout the entire period of performance of the contract. This report shall include at a minimum the following information:

Total number of Preventive Maintenance (PM) services performed;

Total number of emergency services performed;

Number of parts by type replaced.

Annual report shall be delivered in Microsoft Office 2013 or newer Word, Excel, or Adobe PDF, unless prior approval for another format has been obtained from the COR.

6.0 PLACE OF PERFORMANCE

Onsite services shall be performed at the following locations:

LAB POINT OF

CONTACT

LOCATION EQUIPMENT

TBD UPON

AWARD

NIH, Main campus 41 Medlars Dr Bldg. 41, Room C310 Bethesda, MD 20892

FACSymphony A5 (Serial No.: R66096400137) FACSymphony A3 (Serial No.: H66093700003) FACSymphony A5 (Serial No.: H66096400111) FACSymphony S6 (Serial No.: R66293700077)

TBD UPON

AWARD

NIH, Main campus 10 Center Dr Bldg. 10, Room 3-5897 Bethesda, MD 20892

FACSymphony A3 (Serial No.: R66093700078) FACSymphony A3 (Serial No.: R66093700213) LSR Fortessa SORP (Serial No.: H64717700068) FACSymphony S6 (Serial No.: R66293700074)

TBD UPON

AWARD

NIH, Main campus 10 Center Dr Bldg. 10, Room 6B16 Bethesda, MD 20892

LSR Fortessa SORP (Serial No.: H64779500002) LSR Fortessa SORP (Serial No.: R64717700219) LSR Fortessa X-20 (Serial No.: H656385004) LSR Fortessa X-20 (Serial No.: R656385208) FACSymphony A5 (Serial No.: R66096400135) FACSAria Fusion (Serial No.: R65828200122) FACSymphony S6 (Serial No.: R662937A0013)

TBD UPON

AWARD

NIH, Main campus 10 Center Dr Bldg.10, Room 3-3297 Bethesda, MD 20892

LSR Fortessa SORP (Serial No.: H64717700105) FACSAria III (Serial No.: P64828200227)

TBD UPON

AWARD

NIH, Main campus 37 Convent Dr Bldg. 37, Room 6011 Bethesda, MD 20892

FACSCanto II (Serial No.: V33896202274) LSR Fortessa SORP (Serial No.: H17700008) LSR Fortessa SORP (Serial No.: H64717700128) FACSymphony A5 (Serial No.: R660964000078) FACSAria Fusion (Serial No.: P65828200015) FACSAria IIu (Serial No. P46900083)

Note: NIH campus is a restricted campus. As such all-contractor personnel will be required to access campus via designated entrances where they are subject to security screening.

Additionally, due to the current ongoing COVID-19 Pandemic there may be additional access restrictions. Please refer to the NIH Security and Access site for more details:

(www.nih.gov/about-nih/visitor-nformation/campus-access-security).

7.0 PERIOD OF PERFORMANCE

The anticipated period of performance shall consist of one (1) twelve (12) month base period and one (1) twelve (12) month option period. During the base period of performance certain equipment will have staggered start dates as follows:

Base Period: July 2, 2024 – July 1, 2025

Becton Dickinson and Company FACSymphony A5 (Serial No.: R66096400137) Becton Dickinson and Company FACSymphony A3 (Serial No.: H66093700003) Becton Dickinson and Company FACSymphony A5 (Serial No.: H66096400111)

Becton Dickinson and Company FACSymphony A3 (Serial No.: R66093700078) Becton Dickinson and Company FACSymphony A3 (Serial No.: R66093700213) Becton Dickinson and Company FACSymphony S6 (Serial No.: R66293700074) Becton Dickinson and Company LSR Fortessa SORP (Serial No.: H64779500002) Becton Dickinson and Company LSR Fortessa SORP (Serial No.: R64717700219) Becton Dickinson and Company LSR Fortessa X-20 (Serial No.: H656385004) Becton Dickinson and Company LSR Fortessa X-20 (Serial No.: R656385208) Becton Dickinson and Company FACSymphony A5 (Serial No.: R66096400135) Becton Dickinson and Company FACSAria Fusion (Serial No.: R65828200122) Becton Dickinson and Company FACSymphony S6 (Serial No.: R662937A0013) Becton Dickinson and Company LSR Fortessa SORP (Serial No.: H64717700105) Becton Dickinson and Company FACSAria III (Serial No.: P64828200227) Becton Dickinson and Company FACSCanto II (Serial No.: V33896202274) Becton Dickinson and Company LSR Fortessa SORP (Serial No.: H17700008) Becton Dickinson and Company FACSymphony A5 (Serial No.: R660964000078)

Base Period: July 7, 2024 – July 1, 2025

Becton Dickinson and Company FACSymphony S6 (Serial No.: R66293700077)

Base Period: August 1, 2024 – July 1, 2025 Becton Dickinson and Company LSR Fortessa SORP (Serial No.: H64717700068) Becton Dickinson and Company LSR Fortessa SORP (Serial No.: H64717700128)

Base Period: September 1, 2024 – July 1, 2025

Becton Dickinson and Company FACSAria Fusion (Serial No.: P65828200015) Becton Dickinson and Company FACSAria IIu (Serial No. P46900083)

Option Period 1 (All Equipment): July 2, 2025 – July 1, 2026

8.0 CONTRACTING OFFICERS REPRESENTATIVE (COR)

All services delivered to the COR will be deemed to have been accepted upon written confirmation of acceptance by the COR. The COR’s approval or revision to the services delivered shall be within the general scope of work for the Purchase Order.

The following individual shall be the COR for this task order:

COR Name: TBD COR Email: TBD COR Phone No.: TBD

Performance of work under this Purchase Order must be subject to the technical direction of the Contracting Officer's Representative identified above. The term "technical direction" includes direction to the Contractor that fills in details and otherwise serves to ensure that tasks outlined in the statement of work are accomplished satisfactorily. Technical direction must be within the scope of the statement of work.

The Contracting Officer's Representative does not have the authority to issue technical direction that:

a. Constitutes a change of assignment or additional work outside the Statement of Work (SOW);

b. Constitutes a change as defined in clause 52.212-4 (c) governing "Changes";

c. In any manner causes an increase or decrease in the contract price or the time required for contract performance;

d. Changes any of the terms, conditions, or requirements of the contract;

e. Interferes with the Contractor's right to perform under the terms and conditions of the contract; or

f. Directs, supervises, or otherwise controls the actions of the Contractor's employees.

Technical direction may be oral or in writing. The Contracting Officer's Representative shall confirm oral direction in writing within five business days, with a copy to the Contracting Officer. The Contractor shall proceed promptly with performance resulting from the technical direction issued by the Contracting Officers Representative. If, in the opinion of the Contractor, any direction of the Contracting Officer’s Representative, or his/her designee, falls within the limitations in (b), above, the Contractor shall immediately notify the Contracting Officer no later then the beginning of the next Government business day.

Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of clause 52.212-4 (d) titled "Disputes."

9.0 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 Contracting Officers Representative/Technical Point of Contact who 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.

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