Notice_of_Intent_BD_Bio_1.docx

Notice of Intent to Sole Source

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 Heart, Lung, and Blood Institute (NHLBI), 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 a maintenance contract for the Maintenance Contract for BD Fortessa Flow Cytometer Analyzer to the NHLBI Division of Intramural Research (DIR) in accordance with the following information.

Background Information

The mission of the Cytometry Core is to provide state of the art analysis and sorting of cells using flow cytometry. It is necessary for the ongoing research in the field of hematology. It is especially important that we are always able to provide the flow cytometry analysis services in a timely manner in order to prevent any delays of important projects for the numerous clinical sections of the branch.

Purpose and Objectives

For the optimal results in identifying cell populations determined by using lasers, and the highly complex and sensitive electronics of the BD Fortessa Analyzer, we must have specially trained engineers from Becton Dickinson, the maker of the BD Fortessa , for service and routine timely maintenance to ensure the least amount of downtime of the cytometer. A maintenance contract must provide phone service and prompt service calls by the highly qualified BD engineers, to maximize the uptime and productivity for uninterrupted service to the Institute.

Contractor Requirements

Contractor shall provide comprehensive maintenance for the following instrument: BD Fortessa Flow Cytometer Analyzer

The comprehensive maintenance shall include the following during the period of performance:

· Covers all costs of on-site repair service, including emergency repair, parts, labor, travel, telephone support for troubleshooting

· Provides 2 preventative maintenance visits per year

· Service is to be performed by a factory trained field service representative.

· Service is to be provided between normal business hours of 8am – 5pm, Monday through Friday

· Invoices the government quarterly in arrears

· Performs emergency calls within 48 hours of notification

· The contractor must provide the completion service report once the service is completed

Sole Source Justification

The BD Fortessa Flow Cytometer Analyzer is a special-order cytometer with our specific requirements to match our other existing instrument. The configurations, electronics, filters, etc. have been specifically matched for the purpose of cross compatibility and utility excellence for optimal cell analysis and sorting of experiments. Consistency among cytometers is absolutely necessary for experiment validation and perfection in results. This cytometer is manufactured only by BD Biosciences, and the parts and processes are proprietary. Therefore, for the best expert service it is mandatory that service is provided by BD Qualified Engineers. The maintenance agreement must include unlimited phone support and unlimited quick service within 24 hours, Monday-Friday, excluding holidays. The exclusive BD Biosciences software “FACSDiva” must also have complete support. 2 Preventative Maintenances must be provided each year. These are all specific requirements that only BD Biosciences can provide.

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 maintenance services 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 (FAC) 2022-08 (October 28, 2022).

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 Dun & Bradstreet Number (DUNS), 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 January 17, 2025 at 09:00AM EST and must reference synopsis number 75N92025Q00009. Responses shall be submitted electronically to helmut.winffel@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.