JA - BD Service Contract...pdf

The vendor will be responsible for providing not only these services, but also Original Equipment Manufacturer (OEM) trained technicians with suitable experience, and access to necessary system schematics, specifications, software, and other resources necessary to maintain the equipment in accordance with most recent OEM maintenance and service procedures.

b. Project background:

The NCI, Center for Cancer Research (CCR) currently operates five (5) Core Flowcytometry Facilities (Core Facilities), all of which offer a wide range of flow cytometry capabilities and services to support research and patient care efforts across the National Institutes of Health (NIH). To meet these organizational needs the Core Facilities maintain a large combined fleet of commercially available instruments consisting of various makes, models, and capabilities to ensure they can meet researcher’s demands, as well as have the ability to meet the unique and changing research needs of the wide range of efforts they support.

Currently, across these five (5) facilities there are currently twenty-seven

(27) BD Bioscience instruments being utilized. Of these twenty-seven (27) BD Bioscience instruments, NCI’s CCR currently has a requirement for the maintenance of twenty-three (23). These twenty-three (23) BD Bioscience instruments are comprised of FACSymphony A5s, FACSymphony A3s, FACSymphony S6s, LSR Fortessas, LSR Fortessa X-20s, FACSArias, and FACSCantos. Some of these instruments are new instruments which are coming off warranty or were covered under one (1) of seventeen (17) separate purchase orders currently held with BD Bioscience for their maintenance. BD Biosciences is the current maintenance provider for all the equipment subject to this procurement, and currently holds various p-card and purchase orders for maintenance services with NCI. The existing orders for maintenance were previously competed or acquired on a sole sourced basis from BD Biosciences utilizing commercial procurement procedures in accordance with FAR Part 12; however, due to the unique and customizable nature of the instruments, and the need for timely emergency repairs no other vendor has been able to meet NCI’s needs.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

a. Project title.

Maintenance Service Contract for Various Government-Owned BD Flow Cytometer Equipment

b. Project description.

The purpose of this requirement is to procure annual maintenance and support services for twenty-three (23) various models of BD Bioscience’s Flow Cytometers. These instruments are used extensively by NCI’s Core Facilities daily in support of a wide range of research and patient care activities across NIH, and as such it is essential that instruments are properly maintained in order to limit instrument downtimes, and to ensure the scientific accuracy of the systems.

Requirement type.

Research & development (R&D) R & D support services Support services (non-R&D) Supplies/equipment Information technology (IT) Construction Architect-engineer (A & E) services Design-build Other (specify): ____________________

Type of action.

New requirement Follow-on Other (specify): This requirement will provide for follow-on services, as well as new requirements for maintenance services of instruments not previously serviced.

Proposed contract/order type.

Firm-fixed-price Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee): __________ Cost-plus-fixed-fee Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee): ___________ Time and materials Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): IDIQ Other (specify): ___________ Completion Form Term form

Acquisition identification number.

customized specifically for NCI by BD to meet specific scientific needs.

Since instruments are configurable utilizing only BD parts, it is essential that warranties for new parts do not conflict with service contracts for the covered equipment. Services provided by any other vendor would cause conflicts in service coverages, and potentially void any applicable warranties for the system or added parts. Since BD does not authorize third-party service providers, no other vendor can provide maintenance services that would not conflict with upgraded components.

6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a SAM.gov notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

The NCI OA posted a sources sought notice # 75N91024Q00024 to SAM.gov on 01/11/2024 thru 01/17/2024.

The NCI posted a pre-solicitation notice of intent to sole source # 75N91024Q00071 to SAM.gov on 04/03/2024 through 04/12/2024.

7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable.

An Independent Government Estimate (IGE) was developed using historical data from past requirements for similar services, and the COR’s knowledge of the requirement and industry. Prior to awarding this requirement, the Contracting Officer (CO) will make a determination that the price is fair and reasonable. It is anticipated that determination will be made utilizing the IGE and historical data;

however, the CO reserves the right to utilize any other means deemed appropriate in accordance with FAR 13.106-3 (a)(2).

8. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

Market research was conducted by both the Contracting Officer and Program Manager for the requiring Core Facilities. Market research relied heavily on the requiring programs intimate knowledge of the requirement and industry, as well as a thorough review of historical data pertaining to past NCI requirements for maintenance services of similar equipment types. Based on this information BD Bioscience (BD) was the only vendor able to be identified as currently servicing the instrument models called for in the Statement of Work (SOW). Market research also took into consideration current pricing data that was able to be obtained from informal quotes, publicly available pricing information, standard industry terms and conditions, and service literature. Additionally, BD has indicated that they are the sole maintenance provider for their equipment, and that they do not authorize or train third parties to provide maintenance.

In addition to the market research noted above, a review of required and recommended sources in accordance with FAR Part 8 was conducted. As a result of this search, services for the required equipment types were not able to be identified as being available from these sources. Although, BD Biosciences was identified as having a General Services Administration (GSA) Federal Supply Schedule (FSS), the mechanism did not cover maintenance services for the instrument’s specified under this requirement. Maintenance for the equipment was hence determined as only being available from the open market. Based on these and previous findings related to similar maintenance needs a sources sought notice and pre-solicitation notice of intent to sole source were posted to SAM.gov.

The NCI also posted a source sought notice to SAM.gov. As a result of this posting, one (1) vendor provided a capabilities statement, and two (2) other vendors made inquiries pertaining to the equipment to be maintained.

Based on the findings from the sources sought notice, the NCI proceeded with an additional posting of a pre-solicitation notice of intent to sole source. Upon the closing of the notice of intent to sole source, no responses were received.

As a result of market research efforts only one (1) vendor BD Biosciences was identified as able to meet the Governments need for maintenance for the twenty-three (23) instruments specified under this requirement.

9. Any other facts supporting the use of other than full and open competition.

All relevant facts supporting the utilization of procedures for other than full and open competition have been stated above.