NOTICE OF INTENT TO SOLE SOURCE: Cytek Aurora CS Spectral Cell Sorter Maintenance

The Laboratory of Pathology Flow Cytometry Core within the Center for Cancer Research (CCR) at the National Cancer Institute (NCI) of the National Institutes of Health (NIH) requires preventative maintenance and emergency services for the one (1) government-owned Cytek Aurora CS Spectral Cell Sorter to maintain optimal performance of this equipment.

The Office of Acquisitions (OA) plans to procure, on a sole source basis, maintenance services for this specialized device from:

Cytek Biosciences Inc. (46107 Landing Parkway Fremont, CA 94538) SAM UEI: TD2JM5U24NF8

The response close date of this notice for this requirement is in accordance with FAR 5.203(a)(1). This acquisition will be processed under FAR Part 12 and will be made pursuant to the authority in FAR 13.106-1(b)(1) and, in accordance with FAR 13, is exempt from requirements in FAR Part 6.  The North American Industry Classification System (NAICS) code is 811210 – Electronic and Precision Equipment Repair and Maintenance; and the small business size standard is $30 million.

The Cytek Aurora CS Spectral Cell Sorter was designed and configured by Cytek Biosciences, Inc.  The internal components are proprietary to Cytek Biosciences, Inc. Only Cytek engineers are authorized to perform maintenance on their proprietary equipment. Cytek does not license third party technicians to perform maintenance on its equipment.  In addition, Cytek Biosciences, Inc. is the sole-source for replacement parts. 

It is critical to the research of the NCI/CCR/ Laboratory of Pathology Flow Cytometry Core that this Cytek Aurora CS Spectral Cell Sorter continues to be calibrated and maintained according to the manufacturer’s specifications. Any deviation from the specifications could jeopardize the functionality of the equipment and delay throughput.  Delays in throughput would directly impact the cancer research supported by the Laboratory of Pathology Flow Cytometry Core, which is unacceptable. Therefore, it is crucial that the sequencer is properly maintained with OEM parts by factory trained certified technicians from Cytek Biosciences, Inc. To NCI’s knowledge, the manufacturer does not license third party technicians.  It is understood that if a third-party technician repairs a Cytek Aurora CS Spectral Cell Sorter then the manufacturer would not perform any subsequent repairs or maintenance on the device.  This scenario creates undue risk for the Government because if the third-party technician is unable to resolve an issue or provide adequate maintenance then the Government would be unable to return to the manufacturer for maintenance and repair services.  Therefore, Cytek Biosciences, Inc. is the only provider that can meet the Government’s needs at this time.

This notice is not a request for competitive quotation. However, if any interested party, especially small businesses, believes it can meet the above requirement, it may submit a capability statement, proposal, or quotation, which shall be considered by the agency.  The statement of capabilities and any other information furnished must be in writing and must contain material in sufficient detail to allow the NCI to determine if the party can perform the requirement.  Responses must be received no later than 3:00PM EST, December 18, 2023.  All responses and questions must be in writing and emailed to Lena Lee, Contract Specialist, via electronic mail at lena.lee@nih.gov.  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. No collect calls will be accepted. In order to receive an award, Contractors must be registered and have valid, current Entity Record, including current Representations and Certifications, in the System for Award Management (SAM) through SAM.gov. Reference: 75N91024Q00018 on all correspondence.

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