NOI_SS_75N91024Q00157.pdf

Notice of Intent to Sole Source

GENERAL INFORMATION/CLASSIFICATION

Title: Preventive Maintenance Services for one (1) BD LSRFortessa Flow

Cytometer with 4 Lasers and FACS Flow System Notice Type: Pre‐Solicitation Solicitation Number: 75N91024Q00157 Posted Date: 08/06/2024 Response Date: 08/12/2024 by 10:00 AM EST PSC Code: J066 (Maintenance/Repair/Rebuild of Laboratory Equipment and

Instruments) NAICS Code: 811210 (Other Electronic Equipment Repair and Maintenance)

ISSUED BY: National Institutes of Health (NIH), National Cancer Institute (NCI), Office of Acquisitions (OA)

DESCRIPTION:

The Department of Health and Human Services (HHS), National Institutes of Health (NIH), National Cancer Institute (NCI), Center for Cancer Research (CCR), Lymphoid Malignancies Branch (LYMB) plans to procure, on a sole source basis, maintenance one (1) Government‐ owned BD LSRFortessa Flow Cytometer, S/N R64717700197 from:

Becton, Dickinson and Company (BD) 2350 Qume Drive San Jose, California 95131‐1807

The response close date of the notice for this requirement is in accordance with FAR 5.203(b).

This acquisition will be processed under FAR Part 12 – Acquisition for Commercial Items and will be made pursuant to the authority in FAR Part 13.106‐1 (b)(1) and is exempt from the requirements of FAR Part 6. The North American Industry Classification System code is 811210 (Other Electronic Equipment Repair and Maintenance) and the business size standard $34.0 Million.

BD Biosciences is Original Equipment Manufacturer (OEM) and sole service provider for the LSR Fortessa System and supporting accessories. To NCI’s knowledge, BD Biosciences is the only direct service provider that can provide an on‐site service call response within forty‐ eight (48) hours which is critical for reducing instrument downtimes. Additionally, it’s essential that the instrument is maintained by factory trained and authorized technicians to not only limit downtimes, but to also ensure the instrument maintains its scientific accuracy.

To NCI’s knowledge, BD does not authorize third‐party service providers, and as such BD is the only source for factory trained and certified technicians with access to proprietary parts, system schematics, software and system configurations required to maintain the equipment.

Furthermore, should any part of the system fail BD will replace all necessary parts at no additional cost to the Government. As such, to NCI’s knowledge, no other vendor can perform the maintenance services for this equipment.

Notice of Intent to Sole Source

This notice is not a request for competitive quotations. However, if any interested party, especially a small business, believes it can meet the Government’s needs, it may submit a capability statement, proposal, or quote for the Government to consider. The response and any other information furnished must be in writing and must contain sufficient details to allow NCI to determine if the party can perform the requirement. Responses to this notice shall be submitted via email to Contracting Officer, John Russell, at John.Russell3@nih.gov no later than 10:00 A.M. EST on Monday, August 12, 2024 (08/12/24). A determination by the Government not to compete this proposed requirement based upon responses to this notice is solely within the discretion of the Government. Information received will be considered for the purpose of determining whether to conduct a competitive procurement. The Government reserves the right to use the information provided by respondents for any purpose deemed necessary and legally appropriate. To receive an award, Contractors must be registered and have valid certification through SAM.GOV. Please reference the notice number 75N91024Q00157 on all correspondence.

***Please reference attached Statement of Work for more details pertaining to the nature of the work to be performed. ***