D-Combined_Synopsis_Solicitation_75N95024100024.pdf

NON-COMPETITIVE

COMBINED SYNOPSIS / SOLICITATION

Title: Maintenance and Repair Agreement for ImageXpress Micro Confocal High-Content Imaging System

a. This is a combined synopsis/solicitation for commercial services 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.

b. 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).

c. (ii) The solicitation number is 75N95025Q00024 and the solicitation is issued as a request for quotation (RFQ).

d. 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.

e. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-01 effective 11/12/2024.

f. The National Institute on Drug Abuse (NIDA), Office of Acquisition (OA), on behalf of the National Institute of Neurological Disorders and Stroke (NINDS), intends to negotiate and award a purchase order without providing for full and open competition (including brand-name) to Molecular Devices LLC, 3860 N. 1st Street, San Jose, CA 95134 for a Maintenance and Repair Agreement for the ImageXpress Micro Confocal High-Content Imaging System (serial number 5150079).

This acquisition is conducted as non-competitive for a commercial item or service and is conducted pursuant to FAR 13.106-1(b)(1). Pursuant to FAR Subpart 13.501(a)(1)(iv), the sole source justification is made publicly available as an attachment to this solicitation.

g. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) Number 2024-07, with effective date September 30, 2024.

h. The associated NAICS code is 811210 and the small business size standard is $34 million.

This requirement has no set-aside restrictions.

i. This requirement is for the following services: Maintenance and Repair Agreement for ImageXpress Micro Confocal High-Content Imaging System (serial number 5150079).

Please see the attached Statement of Work (SOW) for complete details and specifications.

j. The NINDS NTDU owns an ImageXpress Micro Confocal High-Content Imaging System

(serial number 5150079) (IXMC), manufactured by Molecular Devices LLC. The IXMC is used by the NTDU Laboratory and requires maintenance to ensure continued full function and accuracy of the NTDU Laboratory’s research results.

k. The Government expects to award a firm fixed-price purchase order for this requirement.

The anticipated period of performance is:

Base Year: 11/22/2024 – 11/21/2025 Option Year 1: 11/22/2025 – 11/21/2026 Option Year 2: 11/22/2026 – 11/21/2027 Option Year 3: 11/22/2027 – 11/21/2028

l. The essential characteristics that limit the availability of these maintenance and repair services to Molecular Devices are as follows:

• The IXMC is a proprietary imaging system manufactured, installed, serviced and repaired exclusively by Molecular Devices LLC. Molecular Devices has not authorized any third party to perform maintenance services on the IXMC.

• Molecular Devices also does not provide replacement parts to third parties engaged in the service/maintenance/repair of Molecular Devices’ lab equipment.

• The maintenance and repair services must be performed by a Molecular Devices authorized technician, and Molecular Devices does not train any persons other than its employees on repairing and/or servicing its lab equipment.

• The agreement must include software updates of the software used by the NDTU Lab with the IXMC, and such software is proprietary to Molecular Devices.

• Replacement parts must be installed and/or configured to the IXMC by the OEM and Molecular Devices is the only source with direct access to OEM parts, propriety software, and OEM-trained technicians authorized to perform the maintenance and repair services.

m. 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 full text of a solicitation provision may be accessed electronically at these web addresses:

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

The offeror is hereby advised that the listed provisions may include sections that must be completed by the offeror and submitted with its quotation or offer.

(End of provision)

n. 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 52.204-29, Federal Acquisition Supply Chain Security Act Orders

Representation and Disclosures (Dec 2023)

• 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 (Feb 2024)

• FAR 52.222-21 Prohibition of Segregated Facilities (Apr 2015)

• FAR 52.222-22 Previous Contracts and Compliance Reports (Feb 1999)

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

(December 18, 2015)

o. 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 web addresses:

(End of clause)

p. 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). An addendum to this FAR clause applies to this acquisition and is included as an attachment to this solicitation.

• FAR 52.217-9, Option to Extend the Term of the Contract (MAR 200) -fill ins: 15 days, 30 days, 4 years

• 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)

q. The following provisions and clauses apply to this acquisition and are attached in full text as Attachment 4. Offeror MUST complete all provisions and clauses in https://www.acquisition.gov/far/52.222-21#FAR_52_222_21

Attachment 4 and submit completed, signed copy as a separate .pdf file with its quotation.

• 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)

r. The provision at FAR clause 52.212-2, Evaluation-Commercial Products and Commercial Services (Nov 2021), applies to this acquisition.

s. (i) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following evaluation factors shall be used to evaluate quotes:

• technical capability of the service offered to meet the Government requirement;

• past performance [see FAR 13.106-2(b)(3)]; and

• price

Technical capability and past performance, when combined, are more important than price.

(ii) 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).

(iii) 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.

t. Offeror must include a completed copy of Attachment 4 Offeror Representations and

Certifications with its quote.

u. The Defense Priorities and Allocations System (DPAS) is not applicable to this acquisition

v. Responses to this solicitation must include clear and convincing evidence of the offeror’s capability of fulfilling the requirement as described in the Statement of Work. The proposed prices must include the labor categories, an estimate of the number of hours required for each labor category, fully loaded fixed hourly rate or each labor category, breakdown and rationale for other direct costs or materials, and the total amount.

The Unique Entity ID from SAM.gov, the Taxpayer Identification Number (TIN), and the certification of business size must be included in offeror’s quote. All offerors must be actively registered to receive awards in the System for Award Management (SAM) at www.sam.gov

All quotes must be received by Sunday, November 17, 2024, at 12:00 pm Eastern Daylight/Standard Time and must reference solicitation number75N95025Q00024.

Responses must be submitted electronically to Marlene Milgram, Contracting Officer, at marlene.milgram@nih.gov.

Fax responses will not be accepted.

http://www.sam.gov/ mailto:marlene.milgram@nih.gov