Notice_of_Intent_1.pdf

Notice of Intent to Sole Source

Solicitation Number: 75N94025Q00007 Solicitation Type: Sole Source (Non‐Competitive) Title: NICHD: Service: SH800 Cell Sorter Maintenance 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 Sony Biotechnology to provide a SH800 cell sorter maintenance service agreement.

Background Information

The lab studies the genetic and environmental mechanisms that regulate initial interneuron fate decisions in the embryo and prenatal mouse brain. They perform numerous single cell (and nuclei) sequencing experiments and cell transplantation assays that require the use of a cell sorter to harvest fluorescent cells/nuclei for these downstream applications. This sorter is heavily used by numerous NICHD labs and thus regular upkeep, and maintenance is required to ensure that researchers can utilize this sorter for all current and future experiments. As a shared piece of scientific equipment in NICHD, it is important to keep it performing at an optimum level for researchers.

Purpose and Objectives

The purpose of this contract is to obtain a preventative maintenance and service agreement for the Sony SH800 Cell Sorter.

Period of Performance

The Period of Performance will be December 1, 2024 through November 30, 2025 with the potential for two option years as follows:

Option Year 1: December 1, 2025 through November 30, 2026 Option Year 2: December 1, 2026 through November 30, 2027.

Contractor Requirements

The contractor needs to provide the following in their service maintenance agreement:

All labor, travel expenses, telephone support and parts.

One Preventative Maintenance Inspection to be performed during the twelve‐month period.

Unlimited telephone support for instruments and Sony Biotechnology proprietary software.

Unlimited on‐site service support when on‐site support is required.

Highest priority service call scheduling.

Sole Source Justification

Sony Biotechnology Inc. is the sole source provider of maintenance services for its products. The equipment should only be repaired and serviced by a qualified Sony technician that is fully trained by Sony personnel. This specialized training is only offered to Sony’s direct employees. Furthermore, only Sony technicians have access to software updates and genuine Sony parts. Due to the sensitive nature of the equipment, it is imperative that the maintenance provider has access to the latest tools and materials required to keep the equipment operating at optimum levels. It is crucial to keep the cell sorter performing at an optimum level to ensure that researchers can utilize this sorter for all of their experiments. It is heavily used in numerous NICHD labs and it is essential that any needed repair will be done efficiently with minimal downtime.

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 2024‐07 effective September 30, 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 November 1, 2024 5:00 PM ET and must reference solicitation number 75N94025Q00007. 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.