Notice_of_Intent_1.pdf

Notice of Intent to Sole Source

Solicitation Number: 75N94024Q00066 Solicitation Type: Sole Source (Non-Competitive) Title: NICHD: Service: BD FACSAria and LSRFortessa Service Repairs 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 Becton, Dickinson and Company to provide BD FACSAria and LSRFortessa service repairs.

Background Information

Repairs and evaluations are needed for the Division-owned LSR Fortessa X-20 Cell Analyzers and FACS Aria cell sorter system. The FACSAria 3 is BD Biosciences’ most reliable and longest-living multicolor cell sorting system, featuring patented gel-coupled cuvettes and the ability to increase sensitivity with upgradable lasers. This system is in constant use by multiple labs in the Division because of its ability to both identify and sort cells rapidly, and it is used in conjunction with the LSRFortessa to perform single cell analysis and bioinformatics in house. The LSR Fortessa X-20 features BD Biosciences’ latest lasers and detectors arranged for flow cytometry in a compact footprint. Due to the sensitivity of the lasers and detectors, regular use of the equipment will move the lasers out of alignment, reducing the ability of the machine to isolate groups of cells by their fluorescent tags. The issues with the machines have caused several of them to stop their experiments and is very negatively impacting their work.

Purpose and Objectives

The purpose of this requirement is to provide emergency inspection and repairs for BD LSRFortessa and FACSAria cell sorter.

Period of Performance

The period of performance is one year from award.

Contractor Requirements

• Send a field service representative to perform repairs. This includes Labor and Travel, Pm Kit Scan/Sort/Calib/, and Misc Parts.

• During each preventive maintenance visit the Representative will evaluate instrument(s) performance and provide a preventative maintenance kit (if applicable) for use by BD Biosciences' Representative.

• Calibrations, alignments, lubrication and part replacement will be performed as deemed necessary by BD Biosciences to maintain the instruments operation substantially in accordance with the published technical specifications of the instrument.

Sole Source Justification

Becton, Dickinson and Company does not certify third party organizations to perform service on its instrumentation in the United States and as the original manufacturer can ensure the supply of spare or replacement parts, which are unique to the site’s instruments. BD engineers will not work on or replace parts that have not been BD approved or installed by a BD trained service engineer.

When an instrument is covered by a BD Biosciences Maintenance Service Agreement, BD Biosciences is the only provider that can supply instrument software revisions along with preventative maintenance inspections, technical telephone consulting and unlimited on-site service visits.

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 Products and Commercial Services, is applicable. The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through

(v) of this provision.

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

FAR clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services 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 2024-03 effective February 23, 2024.

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 March 13, 2024 12:00 PM ET and must reference solicitation number 75N94024Q00066. 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.sam.gov/ mailto:nicole.freid@nih.gov