MESSER LLC.NOTICE OF INTENT.NICHD-23-232.pdf

NICHD-23-232

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 MESSER LLC for the Acquisition of Liquid Helium Supply.

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE

The intended procurement is classified under NAICS code 325120, Industrial Gas Manufacturing, and the Size Standard is 1,250.

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

8/24/2023 - 2/24/2024

Place of Performance National Institutes of Health National Institute of Digestive, Diabetes & Kidney Diseases 5 Memorial Drive Bethesda, MD 20892

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

DESCRIPTION OF REQUIREMENT

The mission of the National Institute of Diabetes and Digestive and Kidney Diseases (NIDDK) is to conduct and support medical research and research training and to disseminate science-based information on diabetes and other endocrine and metabolic diseases; digestive diseases, nutritional disorders, and obesity; and kidney, urologic, and hematologic diseases, to improve people’s health and quality of life.

The NIDDK supports a wide range of medical research through grants to universities and other medical research institutions across the country. The Institute also supports government scientists who conduct basic, translational, and clinical research across a broad spectrum of research topics and serious, chronic diseases and conditions related to the Institute's mission. In addition, the NIDDK supports research training for students and scientists at various stages of their careers and a range of education and outreach programs to bring science-based information to patients and their families, health care professionals, and the public.

Liquid helium is used to cool NMR superconducting magnets and used for low-temperature experiments in several laboratories within the National Institute of Diabetes and Digestive and Kidney Diseases (NIDDK), at the main campus of the National Institutes of Health (NIH), in Bethesda, MD 20892. Liquid helium has several unique properties, including an extremely low boiling point and non-reactivity, so it cannot be replaced by other liquified gases. These labs purchase approximately 11,000 liters of liquid helium per year.

PURPOSE AND OBJECTIVES

The objective of this requirement is to acquire liquid helium, and have the product delivered in 60-, 100-, and 250-liter vendor-owned dewars.

SALIENT / REQUIRED FEATURES AND SPECIFICATIONS

To support the research goals of these labs in NIDDK, NIDDK needs a reliable supply of clean liquid helium, to keep NMR superconducting magnets cool, and thus operational for NMR research.

The required technical specifications for the Liquid Helium are:

• (60-, 100-, and 250-liter volume dewars)

• Liquid helium must be clean enough to not clog in NMR magnets or transfer lines, dewars that can be safely used around the magnets, and ensure that sufficient helium is delivered in a dewar for successful magnet fills and experiments (dewars are not delivered with insufficient amount or boil off too rapidly)

• Some of the liquid helium is used for low-temperature NMR & MRI research

• Delivery at least once a week with a maximum of one week delivery time is necessary to enable efficient scheduling of magnet fills, and experiments along with their sample preparation.

TASKS AREAS

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

Task Area 1 – Delivery Timelines – The contract shall provide the delivery of liquid helium on at least one day per week, with a lead time for ordering of a maximum of one week (or 5 business days). Dewars in 60-, 100- & 250-liter sizes shall be available for order.

Task Area 2 – Shipping Instructions – The Contractor shall provide shipment to the following addresses based on the request at the time of the specific order. All provided addresses are buildings on the main campus of NIH in Bethesda, MD 20892.

NIH

9000 Rockville Pike Bldg 5 B2 level Dusty Baber 301-402-7239

NIH

9000 Rockville Pike Bldg 50 / Rm B204 Dusty Baber 301-402-7239

NIH

9000 Rockville Pike Bldg 8 Rm 427 (or 4th floor elevator) Bob O'Connor 301-496-4055

NIH

9000 Rockville Pike Bldg 6 / Rm B1-27 Jinfa Ying 301-795-5080

NIH

9000 Rockville Pike Bldg 6 / Rm B1-27 Dusty Baber 301-402-7239

NIH

9000 Rockville Pike Bldg 5 / 4th floor Kent Thurber 301-451-7253

Task Area 3 – Purity & Quantity – The Contractor shall provide the liquid helium purity with a minimum of 99.998%. Contractor will be paid for the liquid helium ordered and delivered. The estimated six-month usage is 5,350 liters.

Task Area 4 – Dewar Requirements –

• Dewars shall be of non-magnetic construction and have wheels.

• All Dewar valves shall open and close easily and seal completely. Over-pressure valves and relief valves shall be fitted and operate at the manufacturer-recommended nominal pressures. Dewars shall be delivered with an over-pressure valve in the open position, to avoid an unsafe buildup of large pressure.

• Dewars shall include all seals & fittings. All seals in the Dewar and fittings shall be in good condition and create a complete seal, i.e., no cracks in the seals. 60- and 100-liter dewars shall be supplied with ½ inch and 3/8-inch Goddard Compression fitting connectors, or equivalent. 250-liter dewars shall be supplied with all of the fittings specified above plus a 5/8-inch Goddard compression fitting or connector, or equivalent.

• Dewars shall be internally free of ice, “frozen air”, or other contamination.

• Dewars shall have a maximum helium loss rate per day of the following:

60 L: less than 3 percent per day 100 L: less than 2 percent per day 250 L: less than 2 percent per day

• Dewars shall be delivered with a minimum volume of the following:

60 L: no less than 53 L 100 L: no less than 90 L 250 L: no less than 225 L

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 MESSER LLC to be the only reasonable available source to provide Services for the Young At Heart Type 2 Diabetes Research Longitudinal Protocol.

This acquisition was pursued on a sole source basis centered on the following: Liquid helium is required to cool NMR superconducting magnets within the National Institute of Diabetes and Digestive and Kidney Diseases (NIDDK), at the main campus of the National Institutes of Health (NIH), in Bethesda, MD 20892. Liquid helium has several unique properties, including an extremely low boiling temperature and non-reactivity, so it cannot be replaced by other liquified gases. Because of these properties, our existing NMR magnets are designed to require a liquid He bath for continuous cooling, and the liquid He must be replenished on a regular schedule to prevent the magnets from warming up. Warming up these magnets would not just prevent use for scientific experiments but could also damage them beyond repair. These NMR magnets of NIDDK had a total purchase cost of millions of dollars, so a reliable supply of liquid He is very important.

Messer LLC is currently the only known supplier who can provide a reliable supply of liquid He, in a volume comparable to our needs. Currently, there is a worldwide shortage of He gas, and 4 of the 5 major suppliers have declared force majeure, and thus cannot take on any new business. Messer LLC is one of those 4 companies that has declared force majeure, but since we are a current customer, Messer can continue supplying us, under their current allocation conditions.

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.”

http://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 Wednesday, July 12, 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), "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 mailto:amber.harris@nih.gov https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov