SON SSN_HHS-NIH-NCI-SS-SAB-0121-82.pdf

STATEMENT OF NEED (SON)

1.0 TITLE

Acquisition of one (1) Brand Name or Equal Brand Name or Equal Diagnode Bioruptor Plus Tabletop Bath Sonicator

2.0 BACKGROUND

The Laboratory of Molecular Biology (LMB), CCR, NCI, conducts research to understand basic biochemical processes such as gene transcription, post-translational regulation, molecular chaperone systems, and bacterial cell behavior, with aims toward developing treatments for cancer and antibiotic-resistant bacteria. As part of this research, LMB requires a tabletop bath sonicator that can be used for DNA and RNA shearing, chromatin shearing, tissue and cell disruption, protein, DNA, and RNA extraction, protein aggregation, and lipid vesicle formation. LMB previously utilized a Bioruptor Plus instrument for this purpose, but it recently stopped functioning and could not be repaired. Therefore, LMB requires the purchase of a new bath sonicator. To maintain the integrity of our research and the continuity of our results, we require a bath sonicator that performs to the same specifications, or better, as the old Bioruptor Plus, in terms of sonication efficiency and reproducibility. This will be a shared resource for all of LMB staff.

3.0 BRAND NAME OR EQUAL

This requirement is for one (1) Brand Name or Equal Brand Name or Equal Diagnode Bioruptor Plus. The Federal Acquisition Regulation (FAR) provision 52.211-6 Brand Name or Equal (AUG 1999) is applicable to this requirement

4.0 TYPE OF ORDER

This is a Firm Fixed-Price Purchase Order.

5.0 SPECIAL ORDER REQUIREMENTS

5.1 PRODUCT FEATURES/SALIENT CHARACTERISTICS

The following product features/characteristics are required for this requirement:

4.1.1 One (1) Brand Name or Equal Diagnode Bioruptor Plus:

1. Footprint: in order to fit into the space occupied by the previous instrument, the sonicator shall be a tabletop model and shall not exceed 71 cm x 73 cm (W x D).

2. Soundproof box: the sonicator shall operate within a metallic soundproof box (included in purchase), in order to minimize the exposure of lab staff to damaging ultrasonic noise. The soundproof box shall be able to absorb at least 30 dBA of sound generated by the sonicator.

3. Flexibility in sample volume: the sonicator shall be able to process samples in 1.5 ml and 15 ml tubes, thereby allowing flexibility in sample volumes (from 100 ul up to 2 ml).

4. Throughput: the sonicator shall be able to process a minimum of 6 samples (in 1.5 ml or 15 ml tubes) at the same time, to allow for increased efficiency.

5. Closed environment: the sonicator shall process samples in closed tubes, and not require direct contact of any part of the sonicator with the sample. This will prevent cross-contamination between samples, non-sterility, and introduction of titanium particles to samples (which can be shed from a probe sonicator tips). All of these elements are crucial for using sonicated samples in down-stream animal experiments.

6. Continuous sample rotation: the sonicator shall continuously rotate sample tubes through the ultrasound field so each sample is exposed to the same intensity of energy.

7. Sonication bath-based rotor: the sonicator rotor shall be designed such that ultrasound waves are randomly reflected off of the bath walls, therefore allowing dissipation of heat and providing uniform absorption of energy.

8. Adaptive cavitation technology: the sonicator shall use a highly-controlled ultrasonic energy with adaptive cavitation technology to achieve random and unbiased shearing for different fragment lengths from 150 bp to 1 kb. This will preserve the integrity of biological samples and ensure high sample recovery.

9. Isothermal technology: the sonicator shall have a cooling system that provides isothermal processing to preserve the integrity of biological samples, with an external valve that guarantees the automatic temperature control of the bath during the full shearing process.

10. Ease of use: the sonicator shall have a simple design with minimum control of different parameters.

11. Effective lipid vesicle preparation: the sonicator shall have high-throughput capability and reproducibility when preparing lipid vesicles (which are essential for our research). Having closed tubes will eliminate the need for direct contact, preventing sample contamination.

Precise temperature control will preserve the lipids from damage through overheating or oxidation. Sonication time required to form lipid vesicles should be no more than 20 minutes, with a minimal amount of large lipid aggregates remaining after this amount of time.

5.2 WARRANTY

In addition to the Implied warranty contained in FAR Clause 52.212-4, quoters are encouraged to provide express warranties. At a minimum, the Contractor shall provide a 12-month warranty from date of final installation on all equipment and associated items provided under, or as a part of this purchase order. The warranty shall include repair and or replacement of parts, including travel, labor, and materials, at no additional cost to the Government. The warranty shall not exclude or limit the Governments rights for an Implied warranty as established in the terms and conditions of clause 52.212-4.

5.3 DELIVERY / INSTALLATION / REMOVAL

Delivery of all items quoted shall be within sixty (60) calendar days after receipt of order. All shipping/handling shall be FOB Destination, and delivery/installation fees shall be included in the quote. Upon delivery, the Contractor shall notify the respective NCI Technical Point of Contact (TPOC), TBD at award, to schedule installation dates and times. Installation shall occur within ___ () calendar days of delivery, and shall be performed by, or under the direct super vision of, an Original Equipment Manufacturer (OEM) certified technician. Equipment shall be delivered to and installed at the following address:

Item Description Delivery Address Date 1 One (1) Tabletop Bath

Sonicator NIH/NCI/ Laboratory of Molecular Biology Building 37, Room 37 Convent Drive Bethesda, MD 20892

60 Days After Award

2 Removal of one (1) Tabletop Bath Sonicator

NIH/NCI/ Laboratory of Molecular Biology Building 37, Room 37 Convent Drive Bethesda, MD 20892

60 Days After Award

6.0 INSPECTION AND ACCEPTANCE

Pursuant to FAR Clause 52.212-4, all items, services, materials, or supplies to be provided by the Contractor in relation to this Purchase Order are subject to final inspection and acceptance by an authorized representative of the Government. The authorized representative of the Government is the Technical Point of Contact (TPOC).

7.0 TECHNICAL POINT OF CONTACT

The Technical Point of Contact (TPOC) is responsible for inspection and acceptance of all work in relation to this requirement and will serve as the Governments primary point of contact throughout the duration of the requirement. All efforts must be coordinated with this individual. The TPOC for this requirement is:

TBD (upon award)

Note: The TPOC has limited authority as defined within this Statement of Need. They do not have the authority to commit or obligate Government funds or make changes to the terms and conditions of the purchase order. As such, any changes to the purchase order must be performed by a warranted Government Contracting Officer with appropriate delegated authority to do so.

8.0 PAYMENT

Payment shall be made upon delivery, inspection, and acceptance by the Government. Payment authorization requires submission and approval of invoices to the COR and NIH OFM, in accordance with the payment provisions listed below:

The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: Prompt Payment (Jan 2017) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow:

I. Invoice Requirements

A. An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR 32.9. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats, or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.) Untimely notification will be considered in the computation of any interest penalty owed the Contractor.

1. Vendor/Contractor: Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact).

2. Remit-to address (Name and complete mailing address to send payment).

3. Remittance name must match exactly with name on original order/contract. If the Remittance name differs from the Legal Business Name, then both names must appear on the invoice.

4. Invoice date.

5. Unique invoice #s for all invoices per vendor regardless of site.

6. NBS document number formats must be included for awards created in the

NBS: Contract Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number;

General Services Administration number); or, BPA Call Number and BPA Parent Award Number.

7. Unique Entity Identifier (UEI) which is in the System for Award Management (SAM) and replaces the Dun & Bradstreet Data Universal Numbering System (DUNS) number.

8. Federal Taxpayer Identification Number (TIN). In those rare cases where a contractor does not have a UEI number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor’s name on the face page of the award document.

9. Identify that payment is to be made using a three-way match.

10. Description of supplies/services that match the description on the award, by line billed.*

11. Freight or delivery charge must be billed as shown on the award. If it is included in the item price do not bill it separately. If identified in the award as a separate line item, it must be billed separately.

12. Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered or services performed, as applicable, and that match the line items specified in the award.*

NOTE: If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice. A modification to the order or contract may be needed before the invoice can be submitted and paid.

Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized. Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt.

B. The Contractor shall submit invoices to the Department of Treasury’s Invoice Processing Platform (IPP) at https://www.ipp.gov with a copy to the approving official, as directed below.

The Contractor shall submit a copy of the electronic invoice to the following Approving Official (Purchasing Agent):

Approving Official: Purchasing Agent.

Name- Email Address-

II. Invoice Payment

A. Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events:

1. The 30th day after the designated billing office has received a proper invoice.

2. The 30th day after Government acceptance of supplies delivered or services performed.

B. The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended.

III. Interest Penalties

A. An interest penalty shall be paid automatically, if payment is not made by the due date and the conditions listed below are met, if applicable.

1. A proper invoice was received by the designated billing office.

2. A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with a term or condition.

3. In the case of a final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further settlement actions between the Government and the Contractor.

B. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget.

IV. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS, FAR 52.232-40 (November 2021)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial products or commercial services.

(End of Clause)

V. HHSAR 352.232-71 Electronic Submission of Payment Requests (February 2, 2022)

(a) Definitions. As used in this clause— Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), ‘‘Content of Invoices’’ and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer’s written authorization with each payment request.

(End of Clause)