Notice_of_Intent_1.pdf

Notice of Intent to Sole Source

Solicitation Number: 75N94024Q00051 Solicitation Type: Sole Source (Non-Competitive) Title: NICHD: Service: Service Contract for Zeiss Microscopes NAICS / Size Standard: 811210/ 34 Million

Introduction

THIS IS A PRE-SOLICITATION NON-COMPETITIVE (NOTICE OF INTENT) SYNOPSIS TO AWARD A PURCHASE ORDER WITHOUT PROVIDING FOR FULL AND OPEN COMPETITION. The National Institute of Child Health and Human Development (NICHD), Office of Acquisitions (OA), intends to negotiate and award a purchase order on a noncompetitive sole source basis to Carl Zeiss Microscopy to provide a service agreement on multiple microscopes to the NICHD.

Background Information

NICHD has had a service contract for the last 18+ years to service microscopes. NICHD purchased these expensive confocal laser scanning microscopes, and provides these microscopy and imaging services to other Institutes that do not have these microscopes. These instruments are critical for NIH researchers.

These Carl Zeiss Confocal Laser Scanning Microscopes are delicate instruments being used to take images of either fixed or live specimen in a wide range of scientific investigations. Preparing these samples for imaging requires a lot of work by the fellow and, in the case of live imaging, the sample is only good for a short period of time. It is absolutely critical these microscopes are regularly maintained to: 1) operate in top operating condition; and 2) to prevent as much as possible equipment failure. Once failure occurred, it is also critical to promptly obtain service, and have the service provider come quickly since downtime is extremely costly in terms of lost productivity for the Institute. Maintenance and service include 1) troubleshooting problems, 2) installing compatible spare parts when needed and, 3) perform all the checks and calibrations necessary to ensure the instrument performs at peak performance. Carl Zeiss, the manufacturer of these systems is the only service provider qualified to provide such care and maintenance with genuine components, hardware, software that run the Carl Zeiss computers operating these microscopes, and send well-trained technicians to do this service in a timely manner.

Purpose and Objectives

A service contract from the manufacturer ensures that qualified experts perform maintenance, thus maximizing the equipment’s longevity and minimizing downtime.

Period of Performance

The period of performance is April 29, 2024 through April 28, 2025.

Contractor Requirements

The contractor shall provide the service agreement that meets the following specifications for the following instruments: LSM 880 / Axio Observer Z1, LSM 800 / Axio Observer Z1, LSM 800 / Axio Observer 7, LSM 880 / Axio Observer 7, LSM 800, Axio Scan Z1, LSM 800 / Axio Observer 7, ELYRA PS.1 / Axio Observer.Z1, and LSM 900 / Axio Observer 7.

• One (1) preventative maintenance inspection per agreement year.

• All labor and travel charges associated with conducting the PM inspection visit. ·

• All labor and travel charges associated with any service visit in addition to the PM visit as may be required during the contract period. ·

• All covered replacement parts.

• Scheduled and emergency service performed between the hours of 8:00 AM and 5:00 PM Monday through Friday excluding holidays ·

• Factory trained Field Service Engineers.

Sole Source Justification

This service contract is needed to maintain the multiple microscopes. Carl Zeiss Microscopy, LLC is the only entity in the United States authorized to provide comprehensive service and support for ZEISS LSM 880 instruments. They hold patent proprietary over their confocal laser microscope systems and their genuine replacement parts. Only Carl Zeiss Microscopy, LLC has technical service representatives who receive comprehensive and on-going factory training and regular technical updates, as well has having direct access to original manufacturer’s parts to help maintain Carl Zeiss instruments in optimal condition. Only Carl Zeiss Microscopy, LLC technical service representatives can engage directly with the engineers that designed the Carl Zeiss instruments to help resolve the most challenging technical support needs. These instruments are critical to NIH research and minimizing potential downtime is critical because downtime is extremely costly in lost productivity.

Regulatory Authority

This acquisition is conducted under the authority of the Federal Acquisition Regulations (FAR) Subpart 13.106-1(b) Soliciting from a single source. (1) For purchases not exceeding the simplified acquisition threshold, contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, or industrial mobilization).

FAR Clauses

The provision at FAR clause 52.212-1, Instructions to Offerors – Commercial Items, applies to this acquisition.

The provision at FAR clause 52.212-2, Evaluation – Commercial Items, is applicable. The Government will award a contract resulting from this notice to the offeror listed above. The following factors shall be used to evaluate the offer: The contractor shall demonstrate its ability to provide the detector listed that meets the specifications provided above.

FAR clause 52.212-3, Offeror Representations and Certifications – Commercial Items, is applicable. An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (p) of this provision.

FAR clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition.

FAR clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items, applies to this acquisition.

Additional Information

The North American Industry Classification System (NAICS) Code is 811210 and the Small Business Size Standard is 34 Million. This acquisition is being conducted under FAR Part 13, Simplified Acquisition Procedures, therefore the requirements of FAR Part 6, Competitive Requirements, are not applicable and the resultant award will include all applicable provisions and clauses in effect through the Federal Acquisition Circular 2023-06 effective October 5, 2023.

This synopsis is not a request for competitive proposals. However, interested parties may identify their interest and capability to respond to this notice. Responses to this notice shall contain sufficient information to establish the interested parties’ bona-fide capabilities for fulfilling the requirement and include: unit price, list price, shipping and handling costs, the delivery period after contract award, the prompt payment discount terms, the F.O.B. Point (Destination or Origin), the Unique Entity Identifier (UEI), the Taxpayer Identification Number (TIN), and the certification of business size. All offerors must have an active registration in the System for Award Management (SAM) 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.

All responses must be received by February 6, 2024 12:00 PM ET and must reference solicitation number 75N94024Q00051. Responses shall be submitted electronically to nicole.freid@nih.gov. Responses will only be accepted if dated and signed by an authorized company representative. All responsible sources may submit a bid, proposal, or quotation which shall be considered by the agency.

http://www.acquisition.gov/ http://www.sam.gov/ mailto:nicole.freid@nih.gov