Pre-sol_Miltenyi_Biotec_FINAL.docx

GENERAL INFORMATION

CONTRACTING OFFICE ADDRESS

Department of Health and Human Services, National Institutes of Health, National Cancer Institute, Office of Acquisitions, 9609 Medical Center Drive, Room 1E156, Bethesda, MD 20852, UNITED STATES.

DESCRIPTION

The Department of Health and Human Services (DHHS), National Institute of Health (NIH), National Cancer Institute (NCI), Center for Cancer Research (CCR), Developmental Therapeutics Branch (DTB), plans to procure on a sole source one (1) MACSQuant® Analyzer 10 that is manufactured by Miltenyi Biotec, Inc., 2303 Lindbergh Street, Auburn, CA 95602.

This acquisition will be processed under FAR Part 12 – Acquisition for Commercial Items and will be made pursuant to the authority in FAR 13.106-1 (b)(1) using simplified acquisition procedures for commercial acquisitions. The North American Industry Classification System (NAICS) code is 334516 and the size standard is 1000 people.

Only one award will be made as a result of this solicitation. This will be awarded as a firm fixed price type contract.

A critical mission of our laboratory in the Developmental Therapeutics Branch, CCR, NCI, is to design and implement pharmacodynamic assays that study the efficacy of cancer therapy by analysis of the impact of therapy on the patient, including assessment of the tumor, the tumor microenvironment and the patient’s systemic immunity. It is vital to the success of NCI trials that the efficacy of the therapy be assessed by pharmacodynamic (PD) endpoint analysis. As an essential part of our mission we work closely with a wide range of clinical investigators and clinical trial groups, including, currently, more than 70 clinical trials with 14 Branches of NIH, as well as the Walter Reed National Military Medical Center, academia, biotech and pharma, nationally and internationally. Our pharmacodynamic assays are written in the clinical trial protocol, patient blood samples are obtained for these assays, as well as tumor tissue and bone marrow aspirates, and we process, store, analyze, and publish the results from these assays. We have accrued and have stored more than ten thousand samples. For almost every clinical trial that we are studying we require multiparameter flow cytometry.

The following product features/characteristics are required for this requirement:

· Due to space limitation the cytometer must have these dimensions – 60x 35x40cm.

· The cytometer shall have three lasers capable of analyzing ten parameters.

· The cytometer must pre-enrichment and physically isolate the magnetically-labeled cells before flow cytometric analysis.

· It shall measure absolute cell counts

· The cytometer process must be fully automated and include sample preparation and labeling, sample mixing and uptake for fluorescence analysis.

· The cytometer must have automated maintenance procedures.

DELIVERY / INSTALLATION

Delivery address:

10 Center Drive, Bldg. 10 Room 12C208 Bethesda, MD 20892

PAYMENT

Payment shall be made one time. Payment authorization requires submission and approval of invoices to the COR and NIH OFM, in accordance with the payment provisions listed below:

The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: PROMPT PAYMENT (JUL 2013) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow:

I INVOICE REQUIREMENTS

A. An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR 32.9. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.) Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor.

1. Vendor/Contractor: Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact).

2. Remit-to address (Name and complete mailing address to send payment).

3. Remittance name must match exactly with name on original order/contract. If the Remittance name differs from the Legal Business Name, then both names must appear on the invoice.

4. Invoice date.

5. Unique invoice #s for all invoices per vendor regardless of site.

6. NBS document number formats must be included for awards created in the NBS: Contract Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number.

7. Data Universal Numbering System (DUNS) or DUNS + 4 as registered in the Central Contractor Registration (CCR).

8. Federal Taxpayer Identification Number (TIN). In those exceptional cases where a contractor does not have a DUNS number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor’s name on the face page of the award document.

9. Identify that payment is to be made using a three-way match.

10. Description of supplies/services that match the description on the award, by line billed.*

11. Freight or delivery charge must be billed as shown on the award. If it is included in the item price do not bill it separately. If identified in the award as a separate line item, it must be billed separately.

12. Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered or services performed, as applicable, and that match the line items specified in the award.*

* NOTE: If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice. A modification to the order or contract may be needed before the invoice can be submitted and paid.

B. Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized. Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt.

C. Mail an original and 1 copy of the itemized invoice to:

National Institutes of Health Office of Financial Management, Commercial Accounts 2115 East Jefferson Street, Room 4B-432, MSC 8500 Bethesda, MD 20892-8500

For inquiries regarding payment call: (301) 496-6088

In order to facilitate the prompt payment of invoices, it is recommended that the vendor submit a photocopy of the invoice to the “Consignee” designated for the acquisition in blocks 6A – 6E of the face page of the Order/Award document.

II. INVOICE PAYMENT

A. Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events:

1. The 30th day after the designated billing office has received a proper invoice.

2. The 30th day after Government acceptance of supplies delivered or services performed.

B. The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended.

III. INTEREST PENALTIES

A. An interest penalty shall be paid automatically, if payment is not made by the due date and the conditions listed below are met, if applicable.

1. A proper invoice was received by the designated billing office.

2. A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with a term or condition.

3. In the case of a final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further settlement actions between the Government and the Contractor.

B. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget.

IV. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS, FAR 52.232-40 (DEC 2013)

1. Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

1. The acceleration of payments under this clause does not provide any new rights under the prompt Payment Act.

Include the substance of this clause, include this paragraph c, in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

This is not a solicitation for competitive quotations. However, if any interested parties, especially small businesses, believe they can meet the above requirement, they may submit a statement of capabilities. All information furnished must be in writing and must contain sufficient detail to allow the NCI to determine if it can meet the above unique specifications described herein. A copy of the capability statement must be received in the NCI Office of Acquisition on or before 11:00AM EST on September 10, 2018. All questions must be in writing and emailed to Jolomi Omatete, Contracting Officer at Omateteoe@mail.nih.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. Information received will be considered solely for the purpose of determining whether to conduct a competitive procurement. In order to receive an award, contractors must have valid registration and certification on Sam.gov, www.sam.gov. No collect calls will be accepted. Please reference solicitation number N02CO82650-6 on all correspondence.