Maintenance Support Services for Bruker Equipment

Maintenance Support Services for Bruker Equipment

Pre-Solicitation Notice of Intent to Sole Source
HHS-NIH-NIDA-SSSA-NOI-17-461

INTRODUCTION
This is a combined synopsis/pre-solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This acquisition is being conducted in accordance with the procedures of FAR Part 13--Simplified Acquisition Procedures and FAR Part 12--Acquisition of Commercial Items.

The solicitation number is HHS-NIH-NIDA-SSSA-NOI-17-461 and the solicitation is issued as a PRE-SOLICITATION, NOTICE OF INTENT, to award a contract on a noncompetitive basis to Bruker BioSpin Corporation located at 15 Fortune Drive Building 2 Billerica, MA 01821.

REGULATORY & STATUTORY AUTHORITY
This acquisition is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13--Simplified Acquisition Procedures, Subpart 13.106-1, only one responsible source and no other supplies or services will satisfy agency requirements, and FAR Part 12--Acquisition of Commercial Items and is NOT expected to exceed the simplified acquisition threshold. Contracts awarded using FAR Part 13--Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6--Competition Requirements.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95, dated January 19, 2017.

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE
The associated NAICS code for this requirement is 811219 with size standard of $20.5 Million Dollars.

CONTRACTING WITHOUT PROVIDING FOR FULL OR OPEN COMPETITION (INCLUDING BRAND-NAME) DETERMINATION
The non-competitive determination is based upon the market research conducted as prescribed in FAR Part 10--Market Research, which indicates that only Bruker BioSpin is capable of providing the necessary support services. Specifically, Bruker BioSpin Corporation is the original equipment manufacturer (OEM) of the instruments requiring service and the instruments are proprietary to this company. As such, only Bruker BioSpin Corporation is authorized to provide service and parts for this equipment. Use of any other contractor would place equipment integrity in jeopardy which would then risk continuity of science; should the equipment not remain fully operational to original equipment manufacturer standards, standardization of longitudinal research study data would be jeopardized and any loss of this data would be to the serious detriment of the NINDS mission. Accordingly, only Bruker BioSpin Corporation is capable of providing the required maintenance support services.

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. 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.

DESCRIPTION OF REQUIREMENT

Background
The NIH Mouse Imaging Facility (MIF) is dedicated to providing state-of-the-art anatomical, functional and molecular MRI capabilities in both animal and human models. The proposed systems services will ensure MIF's optimum capabilities. Furthermore, when necessary, it will also allow required upgrades for the next generation of MRI experiments in animals, which will, adequately, interface other techniques, such as electrical recording, image guided surgery and hybrid imaging techniques.

A service contract for hardware and software maintenance on the magnetic resonance imaging (MRI) systems (Bruker 9.4 Tesla superconducting MRI magnet cryocooler), which are used for magnetic resonance imaging and spectroscopy experiments in animals.

Purpose and Objectives
The purpose of this acquisition is to acquire a service agreement (maintenance/repairs) for a 9.4 Tesla superconducting MRI magnet cryocooler. (System ID 10056259).

Project Description
Independently and not as an agent of the Government, the Contractor shall furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government as needed to perform the stated requirements below.

Contractor shall provide all labor and replacement parts to maintain normal operation of the existing Bruker 9.4 Tesla superconducting MRI magnet and cryocooler. Service shall be provided between the hours of 6 am and 6 pm, Bethesda, MD local prevailing time, Monday through Friday, unless indicated otherwise as follows:

• Contractor shall perform at least one cold head service for this system. The service will include the required magnet de-energizing and re-energizing and any required cryogens. Following the service, the magnet must meet the manufacturers specifications for field, homogeneity, and drift.
• Contractor shall provide phone support from an original equipment manufacturer (OEM) certified technician within 1 business day to resolve any equipment problem (s). After it has been determined the problem(s) cannot be resolved through phone support, on-site service shall be provided by a certified technician within 3 business days.
• Contract shall provide emergency service. Time to arrive on site remains the same as for Service, however, completion will be based upon mutual agreement of the parties to set a firm completion date if the timeframe exceeds 4 weeks and discussions on labor, parts and cost. Contractor must respond within 2 business days for emergency service.

• Contractor shall furnish all required OEM certified replacement parts at no additional cost to the Government.

Contractor will not be responsible for repairs necessitated by user misuse or error, repairs required due to operator negligence, replacement of accessories and consumables, or problems associated with environmental conditions. This service agreement does not replace or alter new equipment warranties as given to the NINDS.

Government Responsibilities:
Government will provide Contractor personnel reasonable access to the Equipment for the required service repair. Government will cooperate with Contractor personnel so that Service can be performed efficiently and without interruption. Contractor shall be allowed use of Government equipment which Contractor personnel deem necessary to perform the Services.

Reporting Requirements:
Contractor shall provided a written report, submitted via email as a PDF or original paper hardcopy, upon completion of the annual preventative maintenance visit or any repair/service visit. The report shall summarize the visit and include a list of the hardware or software items checked, notations of any corrections made to bring each item into specifications, and any recommendations for maintaining the equipment within optimal specifications. This report shall be provided to the NIH before the service technician leaves the MIF (or within 24 hours).

Non-Personal Service Statement:
In accordance with FAR 37.104, this requirement is for non-personal services and does not include any inherently governmental functions; functions that are closely associated with inherently governmental functions; unauthorized personal services; critical and/or core functions.

Period of Performance
Base Year September 1, 2017 through August 31, 2018
Option Year 1 September 1, 2018 through August 31, 2019
Option Year 2 September 1, 2019 through August 31, 2020
Option Year 3 September 1, 2020 through August 31, 2021
Option Year 4 September 1, 2021 through August 31, 2022

Place of Performance:
Contractor shall perform service at 10 Center Drive, Building 10 Room B1D200, Bethesda, MD 20892.

Contract Type
A Firm Fixed Price Purchase Order is contemplated. The order shall be sourced via the Open Market on a single-source basis and is not expected to exceed $150,000.

RESPONSE INSTRUCTIONS
Responses to this solicitation must include sufficient information to establish the interested parties' bona-fide capabilities of providing the product or service. Offerors must provide both 1) a technical response and 2) a separate price quote. The price quote shall include: unit price, list price, shipping and handling costs, delivery days after contract award, delivery terms, prompt payment discount terms, F.O.B. Point (Destination or Origin), product or catalog number(s); product description; and any other information or factors that may be considered in the award decision. Such factors may include: past performance; special features required for effective program performance; trade-in considerations; probable life of the item selected as compared with that of a comparable item; warranty considerations; and maintenance availability.

PLEASE ENSURE THAT ALL EVALUATION CRITERIA ARE SPECIFICALLY ADDRESSED IN ANY RESPONSE(S) SUBMITTED.

EVALUATION CRITERIA
FAR clause 52.212-2, Evaluation - Commercial Items (October 2014) applies to this acquisition and the specific evaluation criteria to be included in paragraph (a) of that provision are as follows:

The Government will award a contract resulting from this requirement on the basis of best value, technical factors and price considered. Technical factors together shall be considered more important than price and all technical evaluation factors are detailed below.

Factor 1: Technical Approach

The contractor shall detail in its technical proposal how it shall meet each of the project requirements. This shall include the maintenance provision approach, including discussion of whom shall perform the maintenance support, the replacement parts which shall be available, and expected response times. Technical approach shall be evaluated for speed of response, brand of parts available, and certification of service technicians.

Factor 2: Past Performance

The Contractor shall provide a list of two (2) contracts or purchase orders completed during the past five (5) years, similar in size and scope to the maintenance requirements outlined in this Statement of Work. Experience must be specific to provision of laboratory instrument maintenance and shall include the following information for each contract or purchase order listed:
a. Name of Contracting Organization
b. Total Contract Value
c. Description of Requirement
d. Contract Period of Performance

Past Performance shall be evaluated for relevance to the current requirement.

Technical proposals will be evaluated using a summary adjectival rating in accordance with the following scale:

Excellent
The proposal has exceptional merit and reflects an excellent approach which will clearly result in the superior attainment of all requirements and objectives. This clearly achievable approach includes several advantageous characteristics of substance, and very few disadvantages, which can be expected to result in outstanding performance. The risk of unsuccessful performance is very low as the proposal provides solutions which are unquestionably feasible and practical. These solutions are further considered very low risk in that they are exceptionally clear and
precise, fully supported, and demonstrate a clear understanding of the requirements. Risk Level: Very Low

Good
The proposal demonstrates a sound approach which is expected to meet all requirements and objectives. This sound approach includes advantageous characteristics of substance, and few relatively minor disadvantages, which collectively can be expected to result in satisfactory performance. The risk of unsuccessful performance is low as the proposal contains solutions which are considered feasible and practical. These solutions are further considered to reflect low risk in that they are clear and precise, supported, and demonstrate an understanding of the requirements. Risk Level: Low

Acceptable
The proposal demonstrates an approach which is capable of meeting all requirements and objectives. The approach includes both advantageous and disadvantageous characteristics of substance, where the advantages are not outweighed by the disadvantages. Collectively, the advantages and disadvantages are likely to result in acceptable performance. The risk of unsuccessful performance is moderate, as the proposal solutions are generally feasible and practical. These solutions may also be considered to reflect moderate risk in that they may be somewhat clear and precise, partially supported, and/or demonstrate a general understanding of the requirements. Risk Level: Neutral

Marginal
The proposal demonstrates an approach which may not be capable of meeting all requirements and objectives. The approach has disadvantages of substance and advantages, which if they exist, are outweighed by the disadvantages. Collectively, the advantages and disadvantages present a low or questionable likelihood of resulting in satisfactory performance. The risk of unsuccessful performance is high as the proposal contains solutions which may not be feasible and practical. These solutions may also be considered to reflect high risk in that they lack clarity and precision, are generally unsupported, and/or do not demonstrate a complete understanding of the requirements. Risk Level: High

Unacceptable
The proposal demonstrates an approach which, based on a very high risk, will very likely not be capable of meeting all requirements and objectives. This approach has several disadvantages of substance, and advantages which, if they exist, are outweighed by disadvantages. Collectively, the advantages and disadvantages are unlikely to result in satisfactory performance. The risk of unsuccessful performance is very high as the proposal contains solutions which are not feasible and practical. The solutions may also be considered to reflect very high risk in that they lack any clarity or precision. Risk Level: Very High

APPLICABLE TERMS AND CONDITIONS INCORPORATED BY REFERENCE
The FAR clauses and provisions below shall apply to this solicitation.

1. All Offerors MUST be actively registered in the System for Award Management (SAM) www.sam.gov.

2. The provision at FAR clause 52.212-1, Instructions to Offerors - Commercial Items (JAN 2017), applies to this acquisition.

3. A completed copy of the provision at FAR clause 52.212-3, Offeror Representations and Certifications - Commercial Items (JAN 2017), is required with any offer submitted. This requirement may be met by completion of the provision in the System for Award Management.

4. FAR Clause 52.212-4, Contract Terms and Conditions - Commercial Items (JAN 2017) is applicable to this acquisition.

5. FAR Clause 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (JAN 2017) apply to this acquisition. The following clauses shall be checked/included in this clause:

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015)
52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)
52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013)
52.222-3, Convict Labor (June 2003)
52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016)
52.222-21, Prohibition of Segregated Facilities (Apr 2015).
52.222-26, Equal Opportunity (Sept 2016)
52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)
52.222-50, Combating Trafficking in Persons (Mar 2015)
52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014)

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)
52.225-13, Restrictions on Certain Foreign Purchases (June 2008)
52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013)

6. The Defense Priorities and Allocations System (DPAS) are not applicable to this requirement.

In addition, the Dun & Bradstreet Number (DUNS), the Taxpayer Identification Number (TIN), and the certification of business size must be included in the response.

CLOSING STATEMENT
All responsible sources may submit a bid, proposal, or quotation which shall be considered by the agency. All responses must be received by the closing date of this announcement must reference solicitation number HHS-NIH-NIDA-SSSA-NOI-17-461.

Responses shall be submitted electronically to jermaine.duncan@nih.gov. Fax responses will not be accepted. For information regarding this solicitation, contact Jermaine Duncan by email at jermaine.duncan@nih.gov or by phone at (301) 827-7515.