Notice_of_Intent_1.pdf

Notice of Intent to Sole Source

Solicitation Number: 75N94024Q00226 Solicitation Type: Sole Source (Non-Competitive) Title: NICHD: Service: Carl Zeiss LSM 980 Microscope Service Agreement 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 an Carl Zeiss LSM 980 Microscope Service Agreement.

Background Information

The Le Pichon lab acquired this instrument in 2022 through a capital equipment request. The original warranty has expired and a maintenance agreement is necessary to ensure continuity of research samples. To maintain the Zeiss confocal microscope in good working order it is necessary to have a service contract that can cover the variety of types or maintenance and parts needed for the equipment.

Failure to maintain this instrument would likely negatively impact the integrity of several researchers’ data. A maintenance agreement is necessary to avoid significant delays to ongoing research projects.

Purpose and Objectives

The lab needs a maintenance agreement to maintain the confocal microscope.

Period of Performance

The period of performance is August 23, 2024 through April 28, 2025.

Contractor Requirements

The contractor needs to provide a Premium Service Agreement that includes the following:

• One 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 Carl Zeiss Microscopy, LLC holidays.

• Factory trained Field Service Engineers.

Software Maintenance Agreement (SMA):

• Periodic ZEISS Software upgrades to the latest version available for the covered software products.

• At least one new software version release per coverage year.

• Preferred support call handling.

Sole Source Justification

Carl Zeiss is the original manufacturer of the LSM 980 Axio Observer 7. Only Zeiss can provide these services, as this microscope has proprietary parts. Zeiss provides a software maintenance agreement, more favorable coverage terms, and a faster response time which is crucial for the lab.

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 2024-05 effective April 22, 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 August 8, 2024 5:00 PM ET and must reference solicitation number 75N94024Q00226. 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