Maintenance and Service Contract for various Government-Owned Becton Dickinson and Company Flow Cytometer Equipment

The Department of Health and Human Services (HHS), National Institutes of Health (NIH), National Cancer Institute (NCI), Center for Cancer Research (CCR) plans to procure, on a sole source basis, equipment maintenance services for various models of BD Bioscience devices from:

BD Biosciences
2350 Qume Drive
San Jose, CA 95131-1812

The response close date of the notice for this requirement is in accordance with FAR 5.203(b). This acquisition will be processed under FAR Part 12 – Acquisition for Commercial Items and will be made pursuant to the authority in FAR Part 13.501(a) and is exempt from the requirements of FAR Part 6. The North American Industry Classification System code is 811210 (Other Electronic Equipment Repair and Maintenance) and the business size standard is $34.0 Million.

BD Biosciences is the sole manufacturer and service provider for the LSR Fortessa, LSR Fortessa X-20, FACSymphony A3, and FACSymphony A5 flow cytometers. These instruments are used daily in the various CCR Flow Cytometry Core facilities to analyze
samples from clinical and research studies using human and animal samples across NCI. Due to the significant number of efforts these facilities’ support equipment cannot be out of service for any length of time without causing significant delays to research efforts across the organization, and potential financial injury to the government due to the loss of analytical data from expensive and often irreplaceable experimental samples not being processed in a timely manner. To NCI’s knowledge, BD Biosciences is the only direct service provider that has the ability to provide an on-site service response for BD Biosciences instruments within 48 hours which is critical for reducing instrument downtimes.

Additionally, it is critical that all instruments are maintained by factory trained and authorized technicians to ensure minimal downtimes, as well as scientific accuracy of the equipment. To NCI’s knowledge, BD does not authorize third-party service providers, and as such BD is the only source for factory trained and certified technicians with access to proprietary parts, system schematics, software and configurations required to maintain the equipment. Many of the instruments under this request are newer systems that are highly configurable, or they are systems that have been customized specifically for NCI by BD to meet specific needs. Due to this, systems are sometimes upgraded with new BD components that are covered under factory warranties, and as such must be maintained by BD, or BD-authorized third-party service providers so as to not void said warranties. The lasers and parts that are supplied with the BD Biosciences flow cytometers are configured for use in these instruments. If a laser or part fails, BD Biosciences will replace these items at no additional cost to the government. Only lasers configured by BD for use in these instruments can be used without voiding the applicable warranties and ensuring that the system performs as intended.

This notice is not a request for competitive quotations. However, if any interested party, especially a small business, believes it can meet the Government’s needs, it may submit a proposal or quote for the Government to consider. The response and any other information furnished must be in writing and must contain sufficient details to allow NCI to determine if the party can perform the requirement. Responses to this notice shall be submitted via email to Contract Specialist, John Russell, at John.Russell3@nih.gov no later than 10:00 A.M. EST on Friday, February 03, 2023 (02/03/23). A determination by the Government not to compete this proposed requirement based upon responses to this notice is solely within the discretion of the Government. Information received will be considered solely for the purpose of determining whether to conduct a competitive procurement. To receive an award, Contractors must be registered and have valid certification through SAM.GOV. Please reference notice number 75N91023Q00026 on all correspondence.

***Please reference the attached Statement of Work for more details pertaining to the nature of the work to be performed. ***