NOI BD.docx

SAM ANNOUNCEMENT: SPECIAL NOTICE

CLASSIFICATION CODE: 6640 - Instruments and Laboratory Equipment SUBJECT: NOTICE OF INTENT TO SOLE SOURCE: A Preventative Maintenance and Service Contract for a Becton Dickinson (BD) Fluorescence Activated Cell Sorter (FACS) Melody

ANNOUCEMENT NUMBER: NIST-FY23-NOI-02353

DESCRIPTION:

The United States Department of Commerce (DOC), National Institute of Standards and Technology (NIST), Acquisition Management Division (AMD) intends to negotiate, on a sole source basis, with Becton Dickinson and Company, doing business as BD Biosciences, 2350 Qume Dr. San Jose, California 95131-1812 (UEI: MM5ZHL8SRFY5) for the purchase of a service contract for a Becton Dickinson (BD) Fluorescence Activated Cell Sorter (FACS) Melody cell sorter to be utilized by NIST’s Biophysics and Biomedical Measurement Group within the Microsystems and Nanotechnologies Division of the Physical Measurement Laboratory Physical Measurements Laboratory (PML).

The statutory authority for this sole source acquisition is 41 USC 3304(a)(1); FAR 13.106-1(b) under Simplified Acquisition Procedures. The Biophysics and Biomedical Measurement Group of PML intends to procure a preventative maintenance and service contract for a BD Fluorescence Activated Cell Sorter (FACS) Melody to keep this instrument performing within the range of acceptable coefficient of variation of all lasers using manufacturer-recommended calibration particles. This instrument is critical to development of microfluidic devices and measurement techniques to improve the accuracy of flow cytometry measurements. Specifications for this contract can be found below:

1. 5 DAY COVERAGE (Monday through Friday 8:00 AM to 5:00 PM Customer Time)

2. Agreement must cover the FACS Melody with lasers, travel expenses and parts (excluding consumable items) and include the following:

3. One (1) Preventive Maintenance Inspection to be performed and one PM Kit will be provided during a twelve-month period.

Contract will include (for each laser):

· Software Revisions that are released during the Agreement term.

· Unlimited service visits during the term of this Agreement, Monday through Friday, excluding company or federal holidays, to bring instrument back into specification.

· 48-hour guaranteed response to a request for emergency on-site service (Monday through Friday, excluding company and/or federal holidays)

· Unlimited telephone support for instruments, reagents and applications at no additional charge.

· Service to include maintaining performance specifications for 3 lasers and their associated detectors: violet (405nm), blue (488 nm), and red (640 nm).

NIST performed Market Research from 2019 through May of 2023 to determine what sources could meet NIST’s minimum requirements. This included discussions with colleagues and vendors, attending a professional conference, internet searches, and searches of vendor websites. The market research revealed there are no other companies, aside from BD Biosciences, that service this brand of cell sorter; or have access to the proprietary parts and training to service the FACS Melody cell sorter.

BD Biosciences is the sole provider that meets the required minimum specifications to service and maintain the FACS Melody cell sorter. The North American Industry Classification System (NAICS) code for this acquisition is 334516 – Analytical Laboratory Instrument Manufacturing, with a small business size standard of 1,000 employees.

This notice is not a request for a quotation. A solicitation document will not be issued, and quotations will not be requested. However, any sources that believe they are capable of meeting NIST’s minimum requirements are encouraged to respond to this notice by the response date to provide the following information at a minimum: Company Unique Entity Identifier (UEI) number in https://sam.gov; details about what your company is capable of providing that meets or exceeds NIST’s minimum requirements; whether your company is an authorized reseller of the product or service being cited and evidence of such authorization; and any other information that can help NIST determine whether this requirement may be competitively satisfied.

A determination by the Government not to compete the proposed acquisition 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. The government will consider responses received by 12:00 p.m. Eastern Standard Time on July 17, 2023. Responses shall be submitted via email to jenna.bortner@nist.gov and/or forest.crumpler@nist.gov.