noi_solicitation_tristar.doc

Exhibit 11

Notice of Intent to Sole Source/Solicitation

THIS IS A NON-COMPETITIVE (NOTICE OF INTENT) SYNOPSIS/ SOLICITATION TO AWARD A CONTRACT WITHOUT PROVIDING FOR FULL OR OPEN COMPETITION (INCLUDING BRAND-NAME).

The National Heart, Lung, and Blood Institute (NHLBI) Office of Acquisition (OA) on behalf of the SEQ CHAPTER \h \r 1National Human Genome Research Institute, (NHGRI), intends to negotiate and award a purchase order on a non-competitive sole source basis to Berthold Technologies USA, LLC, 9 Bio-Analytical Division 016, 99 Midway Lane, Oak Ridge, TN 37830.

(1) Action Code: Synopsis/Solicitation

(2) Date: August 25, 2022

(3) Year: 2022

(4) Contracting Office Zip Code: 20892

(5) Classification Code: 6640-- Laboratory Equipment and Supplies

(6) Contracting Office Address:

Office of Acquisitions, NHLBI

6705 Rockledge Drive Bethesda, MD 20892

(7) Subject/Title: Tristar 3 Multimode Microplate Reader

(8) Proposed Solicitation Number: 75N92022Q0493

(9) Closing Response Date: September 1, 2022 @7:30 a.m., Eastern Daylight Time (EDT)

(10) Contact Point(s): Dorothy Maxwell, Contracting Officer

(11) Type of Contract/Contract Line Item Number(s):

This will be a Firm-Fixed Price purchase order

(12) Contractor Award Date: TBD

(13) Description:

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) The solicitation number is 75N92022Q0493 and the solicitation is issued as a request for quotation (RFQ).

(iii) The solicitation document, the incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-07 effective 08/10/22.

(iv) THIS REQUIREMENT IS NOT SET-ASIDE FOR SMALL BUSINESS. However, in accordance with the FAR, Industry Classification (NAICS) Code is 334516, Analytical Laboratory Instrument Manufacturing with size classification of 1,000. The acquisition is being conducted under FAR Part 13, Simplified Acquisition Procedures, therefore the requirements of FAR Part 6, Competitive Requirements, are not applicable (FAR Part 6.001). This requirement is under the SAT of $250K.

(v) The National Heart, Lung, and Blood Institute (NHLBI) on behalf of the National Human Genome Research Institute (NHGRI) intends to award a firm-fixed price, purchase order for supplies/services in accordance with the following information:

Statement of Work (SOW):

See attached SOW (Attachment 1) for a description of the required supplies/services.

Period of Performance:

Will be delivered Upon award

Evaluation of Quotations:

The award will be made on a non-competitive basis. The offeror’s quote will be evaluated to determine acceptability. The government reserves such right of flexibility in conducting the evaluation as necessary to assure an award to the contractor providing the best value to the government.

Evaluation Criteria:

The Contractor shall demonstrate its ability to provide the supplies/services as outlined in the Attachment 1: Statement Of Work.

(vii) In accordance with FAR Clauses: 52.212-4-- Contract Terms and Conditions--Commercial Products and Commercial Services (NOV 2021):

· 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Products and Commercial Services (MAY 2022).

· 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

· 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

· 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

· 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

· FAR 52.217-8 Option to Extend the Services (NOV 1999).

· FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000).

· 52.233-3, Protest After Award (AUG1996) (31 U.S.C. 3553).

· 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

· 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

· 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

· 52.222-3, Convict Labor (JUN 2003) (E.O. 11755);

· 52.222-21, Prohibition of Segregated Facilities (APR 2015);

· 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246); (iv);

· 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212)

· 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793);

· 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

· 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O. 13627);

· 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513);

· 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021);

· 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

Additional contract requirement(s) or terms and conditions such as warranty and delivery requirements is determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices.

(viii) The Defense Priorities and Allocations System (DPAS) and assigned rating are not applicable.

(ix) Instructions:

Offerors shall submit their quote electronically no later than 7:30 a.m. Eastern Daylight Time (EDT) on September 1, 2022 for Solicitation Number: 75N92022Q0493. Please see below for the content of the quote. Quotes shall be submitted via the FedConnect web portal (www.fedconnect.net ). Potential Offerors do not need to register to view a notice; however, in order to submit questions and/or response to this Notice, an account will need to be established. Should you require a waiver not to use FedConnect, please contact the Contracting Officer at maxwelld@nih.gov.

Quotations shall not be deemed received by the Government until the quotation is entered into FedConnect or the e-mail address inbox set forth above. Please provide the following on the quote:

1. Name of Contracting Organization;

2. Solicitation number;

3. Contract Type;

4. Total Contract Value, List and Unit Price and Discounts;

5. Description of Services to be Provided;

6. Labor Category and breakdown of rates;

7. Business Size;

8. North American Industry Classification System (NAICS) Code; and

9. UEI, TIN or EIN Number.

Any quote, modification, or revision that is received at the designated Government office after the exact date and time specified for receipt of quotations is “late” and will not be considered. Quotations received “late” will not be evaluated or considered for award and will be returned to the offeror.

Set-aside Status:

This requirement is being conducted under sole-source procedures in conjunction with the procedures stated in FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements.

ATTACHMENT:

Attachment 1: Statement of Work