FEI CO.NOTICE OF INTENT.NICHD-23-235.pdf

RFQ# NICHD-23-235

INTRODUCTION

THIS IS A PRE-SOLICITATION NON-COMPETITIVE (NOTICE OF INTENT) SYNOPSIS TO AWARD A CONTRACT OR PURCHASE ORDER WITHOUT PROVIDING FOR FULL OR OPEN COMPETITION (INCLUDING

BRAND-NAME).

The National Institutes of Health, Eunice Kennedy Shriver National Institute of Child Health and Human Development (NICHD), Office of Acquisitions (OA) on behalf of the on behalf of the National Institute of Digestive, Diabetes & Kidney Diseases intends to award a purchase order without providing for full and open competition (Including brand-name) to FEI CO for the acquisition of a Maintenance Agreement for the FEI TecnaiF20/D526/F1040256 electron microscope.

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE

The intended procurement is classified under NAICS code 811210 with a Size Standard of $30.0.

REGULATORY AUTHORITY

The resultant contract will include all applicable provisions and clauses in effect through the Federal Acquisition Circular 2023-04 Effective June 2, 2023.

This acquisition is conducted under the procedures as prescribed in FAR subpart 13—Simplified Acquisition Procedures at an amount not exceeding the simplified acquisition threshold ($250,000).

STATUTORY AUTHORITY

This acquisition is conducted under the authority of 41 U.S.C. 253(c) under provisions of the statutory authority of FAR Subpart 6.302- FAR 6.302-1—Only one responsible source and no other supplies or services will satisfy agency requirements 41 U.S.C. 253(c)(1).

PERIOD OF PERFORMANCE

Base Year: 9/19/2023 - 9/27/2024 Option Year 1: 9/19/2024 - 9/27/2025

Place of Performance National Institutes of Health National Institute of Digestive, Diabetes & Kidney Diseases 8 Center Drive Bethesda, MD 20892

PRE-SOLICITATION NON-COMPETITIVE (NOTICE OF INTENT) SYNOPSIS

DESCRIPTION OF REQUIREMENT

NIDDK’s Cryo-Electron Microscopy Facility is serving many NIDDK structural biology labs that use Cryo- EM single particle analysis to study the structures of proteins & macromolecules. With the FEI TF20 electron microscope, users can screen the samples: by negative stain to check the homogeneity; by cryo to check cryo grids quality; and collect data to get preliminary structures. This sample screening is the key step of Cryo-EM sample preparation that eventually leads to high resolution structures. As such, the FEI CO TecnaiF20/D526/F1040256 electron microscope is essential for its optimized and continuous performance, and thus, the quality and productivity of the ongoing research at NIDDK.

PURPOSE AND OBJECTIVES

The objective of this requirement is to procure a maintenance agreement of the FEI TecnaiF20/D526/F1040256 electron microscope, which requires optimized and continuous performance for the quality and productivity of the ongoing research at NIDDK. As the TecnaiF20/D526/F1040256 electron microscope is very complex and delicate, we need an experienced and well trained service engineer(s) to perform preventive maintenance, trouble-shooting and prompt repairs when there are any issues. The purchase of the service contract will ensure the high standard operation status of the microscope and its service to all Cryo-EM research projects at NIDDK.

SALIENT / REQUIRED FEATURES AND SPECIFICATIONS

Vendor will send in an experienced service engineer to perform preventive maintenance once a year, which includes undertaking ordinary repairs and adjustments arising from normal usage of the microscope. The vendor must provide phone support for trouble shooting, and if on-site service is needed, the vendor’s qualified service engineer will repair the microscope. The vendor will cover all costs of labor, travel, living expenses and parts (except system consumables).

TASKS AREAS

Independently, and not as an agent of the Government, the contractor shall perform all the detailed Task Areas listed below:

Task Area 1 – service agreement – Vendor will provide services as described below:

• Telephone support for quick microscope trouble shooting. Need a quick solution for easy fixable issues or schedule an on-site visit if necessary.

• When on-site service is needed, an experienced service engineer who possess the expertise and skills in repairing and servicing the equipment should be on-site within 48 hours after we submit the service request. The vendor covers all costs including labor, travel, living expenses and parts.

• Any parts that are needed for repair should be delivered by overnight shipping at the cost of the vendor.

• The vendor should notify us any new software updates that can improve the functionality of our purchased software capabilities, either free or to be purchased. NIDDK’s Cryo-EM facility director will be present during the software upgrade and will verify the success of the upgrade.

• The vendor should work with NIDDK to schedule a one-time on-site preventive maintenance during the contract period, and NIDDK’s Cryo-EM facility director will be present during the maintenance.

Task Area 2 – All services are to be billed in arrears. Additional service fees for billing, after services are provided, are not acceptable terms to the Government.

Task Area 3 – The microscope where work will be performed is located in Bldg. 8, Room B2A20 at NIH’s Bethesda Main Campus.

CONTRACTING WITHOUT PROVIDING FOR FULL OR OPEN COMPETITION (INCLUDING BRAND-NAME)

DETERMINATION

The determination by the Government to award a contract without providing for full and open competition is based upon the market research conducted as prescribed in FAR Part 10—Market Research. Only one source is available: Per FAR 13.106-1(b)(1) the Contracting Officer has determined FEI CO to be the only reasonable available source to provide a Maintenance Agreement for the FEI CO TecnaiF20/D526/F1040256 electron microscope.

This acquisition was pursued on a sole source basis centered on the fact that the TecnaiF20/D526/F1040256 electron microscope is very complex and needs regular maintenance by a qualified service engineer who possesses the expertise and skills to repair and service the equipment.

The service contract of the F20 electron microscope is essential for the continuation of the microscope performance, and thus the quality and productivity of the ongoing research in NIDDK. Maintenance of FEI CO TecnaiF20/D526/F1040256 electron microscope is crucial for ongoing research in NIDDK and several collaborations with other NIH institutes.

FEI Company is part of Thermo Fisher Scientific, who is the sole manufacturer of the instrumentation which can only be serviced by the certified technicians at Thermo Fisher (aside from basic functions and maintenance we are able to do ourselves). The lab does not have the specialized, proprietary training needed to fix this instrument. This leaves us with 3 options; (1) episodic per-event payment for repair,

(2) direct contract with the instrument vendor, or (3) contracting with an insurance/service management provider as a 3rd party which would indirectly pay for instrument service. Because of the limited number of certified technicians and finite number of spare parts, the episodic approach leads to very long delays in instrument servicing. Disincentives for faster, more expensive repair (where excess parts used in addressing potential approaches to fixing the instrument cannot easily be returned to the contract engineer’s company, Thermo Fisher Scientific/FEI Company) will reduce the efficiency of the 3rd party solution. This results in the need for a direct contracting solution, which is the most effective way of maintaining the instrument. The savings between options 2 and 3 are not as significant relative to the internal revenue from cost recovery which would be lost if there were just a few delays in repair (especially as knock-on effects lead to disproportionate delays in many types of project support).

The FEI CO TecnaiF20/D526/F1040256 electron microscope is a highly specialized piece of equipment that requires skilled technicians above and beyond what is typically seen with standard scientific equipment. Direct service by the vendor is superior to third party insurance-like coverage because service provided by technicians from the vendor include delivery of multiple fix kits to cover a single issue prior to a service call. Third party providers are unable to support a rapid response time to service calls. Thermo Fisher Scientific offers the only factory trained service organization that is qualified to service this product. Their maintenance representatives are trained and certified in Holland in order to maintain the distinctive hardware and software configurations for the electron microscope components. As the variety of hardware and software options is unique to this electron microscope, no other vendors are certified/qualified to provide the high level of specified maintenance and/or repairs needed to keep the TecnaiF20/D526/F1040256 electron microscope functioning at optimum levels.

Failure to use FEI Company/Thermo Fisher Scientific to service the instrument and its many components may result in voiding any manufacturer warranties on the electron microscope, delays for software upgrades and repairs, and could result in inaccurate research results that in turn could result in the NIDDK’s failure to meet its mission.

CLOSING STATEMENT

This synopsis is not a request for competitive proposals. However, interested parties may identify their interest and capability to respond to this notice. Any submitted capability statements must demonstrate relevant experience, skills and ability to fulfill the Government's requirements for the above. The capability statement should contain sufficient detail for the Government to make an informed decision regarding your capabilities. The capability statement should not exceed 15 pages using a font size 10 or larger. All offerors must have an active registration in the System for Award Management (SAM) www.sam.gov.”

A determination by the Government not to compete this proposed contract based upon responses to this notice is solely within the discretion of the Government. The information received will normally be considered solely for the purposes of determining whether to proceed on a non-competitive basis or to conduct a competitive procurement.

Respondents are advised that the Government is under no obligation to acknowledge receipt of the information received or provide feedback to respondents with respect to any information submitted.

All responses to this notice shall be submitted electronically by 9:00 am Eastern Standard Time, on Monday, July 10, 2023 to the Contract Specialist, Amber Harris, at amber.harris@nih.gov.

INVOICING PROCESSING PLATFORM (IPP)

Vendor/Contractor Must be able to accept payments via IPP (Invoice Processing Platform) The contractor may submit a request for an exception. See below for IPP, IPP helpdesk information and applicable Health and Human Services addendum clause.

INVOICING PROCESSING PLATFORM (IPP) In compliance with the Office of Management and Budget (OMB) M-15-19 memorandum "Improving Government Efficiency and Saving Taxpayer Dollars through Electronic Invoicing" directing Federal agencies to adopt electronic invoicing as the primary means to disburse payment to vendors. Invoices submitted under any award resulting from this solicitation will be required to utilize the Invoice Processing Platform (IPP) in accordance with HHSAR 352.232-71, Electronic Submission and Processing of Payment Requests" IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury's Bureau of the Fiscal Service, in partnership with the Federal Reserve Bank of St. Louis (FRSTL). Respondents to this solicitation are encouraged to register an account with IPP if they have not already done so. If your organization is already registered to use IPP, you will not be required to re-register however, we encourage you make sure your organization and designated IPP user accounts are valid and up to date. The IPP website address is: https://www.ipp.gov If you require assistance registering or IPP account access, please contact the IPP Helpdesk at (866) 973-3131 (M-F 8AM to 6PM ET), or IPPCustomerSupport@fiscal.treasury.gov Note: Should an Offeror feel that use of the IPP would be unduly burdensome, the response to this solicitation should include an explanation of this position for a determination by the contracting officer.

HHSAR 352.232-71 Electronic Submission of Invoice Payment Requests (Feb 2022) will apply when this requirement is solicited and awarded. As stated: (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), http://www.sam.gov/ mailto:amber.harris@nih.gov https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

"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)

Assessment of Capability Lowest Price Technically Acceptable