Maintenance Services for 3 Tesla Siemens Skyra Magnetic Resonance Imaging (MRI) Scanner (designated FMRIF3TD – Siemens system ID #400-341877)

NOTICE OF INTENT to Sole Source

1. SOLICITATION NUMBER:

NIMH21003714

1. TITLE: Maintenance Services for 3 Tesla Siemens Skyra Magnetic Resonance Imaging (MRI) Scanner (designated FMRIF3TD – Siemens system ID #400-341877)

1. CLASSIFICATION CODE:

66 -- Instruments & laboratory equipment

1. NAICS CODE: 334517 – IRRADIATION APPARATUS MANUFACTURING

1. RESPONSE DATE:

July 30, 2021 at 12:00 PM EST

1. PRIMARY POINT OF CONTACT:

Thien Nguyen

Thien.Nguyen2@nih.gov

Phone: 301-827-0914

1. DESCRIPTION:

INTRODUCTION

THIS IS A PRE-SOLICITATION NON-COMPETITIVE (NOTICE OF INTENT) SYNOPSIS TO AWARD A CONTRACT WITHOUT PROVIDING FOR FULL OR OPEN COMPETITION (INCLUDING BRAND-NAME).

The National Institute of Mental Health (NIMH) intends to negotiate on a sole source bases with Siemens Medical Solutions USA Inc, 4800 North Point Pkwy, Alpharetta GA 30022

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE and SET ASIDE STATUS

The intended procurement is classified under NAICS code 334517 – Irradiation Apparatus Manufacturingwith a Size Standard of 1000 employees.

REGULATORY AUTHORITY

This acquisition is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13—Simplified Acquisition Procedures. Contracts awarded using FAR Part 13—Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6—Competition Requirements. FAR Subpart 13.106-1 (b) Soliciting from a single source provides that: 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, brand-name OR industrial mobilization).

The resultant contract will include all applicable provisions and clauses in effect through the Federal Acquisition Circular (FAC) 20019-01 dated December 1, 2018.

PURPOSE AND OBJECTIVES:

The National Institute of Mental Health (NIMH) Functional MRI Facility (FMRIF) is seeking maintenance services for the 3 T Siemens Skyra MRI scanner (designated FMRIF-3TD - Siemens system ID #400-341877) to ensure continuous and successful operation of the scanner as a research tool.

The scanner is a highly valuable research tool within the National Institutes of Health (NIH), utilized nearly continuously by over 30 researchers and their staff for a wide array of protocols, both clinical and research oriented.  It is especially crucial for a number of clinical protocols involving multiple sclerosis patients. The FMRIF-3TD scanner is also extremely valuable as a development platform.

FMRIF3TD is a Siemens Skyra 3 tesla MRI scanner operated by the Functional MRI Facility (FMRIF) within the NIH that was installed in FY2012. It continues to be a critical research tool for the NIH NMR. Successful operation requires a comprehensive technical maintenance service agreement. 

The contract to acquire the scanner included a one -year warranty. Siemens Medical Systems has subsequently provided a comprehensive maintenance service agreement for the electronics, RF, gradient, magnet and cryostat and cryogens for the since installation.  Most recently, MRI maintenance service contracts were acquired from Siemens Medical Systems

This most current maintenance contract will expire on September 25, 2021, and thus a new service agreement is required.

Siemens Medical is the only responsible source for providing to NIMH certified preventative maintenance and inspection service for FMRIF-3TD for the following reasons:

Siemens Medical is the original equipment manufacturer (OEM) of the Skyra 3T Magnetom MRI scanner. Siemens does not have any third-party authorized resellers who can provide service maintenance on their equipment. As the manufacturer, Siemens has proprietary software, patents and intellectual property rights in the FMRI-3TD scanner that are only known to Siemens employees. Siemens also maintains similar proprietary interests related to service and equipment diagnostics for the FMRIF-3TD scanner. Consequently, it is not feasible or possible for anyone other than Siemens Medical to have the knowledge and skills required for this equipment to be maintained in accordance with the standards for preventative maintenance set out by the manufacturer.

CONTRACTING WITHOUT PROVIDING FOR FULL OR OPEN COMPETITION (INCLUDING BRAND-NAME) DETERMINATION

The determination by the Government to award a contract without providing for full and open competition is based upon the market research conducted. Specifically, Yair Bar-Haim is the only vendor in the marketplace that can provide the services required by NIMH.

The intended source is:

Siemens Medical Solutions USA INC

4800 North Point Pkwy

Alpharetta, GA 30022

CLOSING STATEMENT

THIS SYNOPSIS IS NOT A REQUEST FOR COMPETITIVE PROPOSALS. However, interested parties may identify their interest and capability to respond to this notice.

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. All responsible sources may submit a capability statement, proposal, or quotation which shall be considered by the agency. 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.

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.

All responses must be received by the closing date and time of this announcement and must reference the solicitation number, NIMH21003714. Responses must be submitted electronically to Thien Nguyen, Contract Specialist, at thien.nguyen2@nih.gov. and Valerie Whipple, Contracting Officer, at valerie.whipple@nih.gov.  U.S. Mail and fax responses will not be accepted.