Service agreement for BD flow cytometers & lasers

NOI-NIAID-2158902

NAICS – 811210 Electronic and Precision Equipment Repair and Maintenance, with a business size standard of $34M.

This is a Notice of Intent, not a request for proposal.  The National Institute of Allergy and Infectious Diseases (NIAID) of the National Institutes of Health (NIH) intends to negotiate on an other than full and open competition basis with BD Bioscience for establishing a base plus four option years for the equipment listed below.

Capabilities statements MUST address and include evidence of meeting the minimum requirements below:

Minimum Requirements:

A.            Full coverage for OEM replacement parts, labor, and travel. 

B.            Remote Technical Support (Monday 8:00 AM to Friday 6:00 PM Eastern time)

C.            48-hour targeted response time for onsite applications support (troubleshooting and repairs)

D.            48-hour targeted response time for all emergency repairs and all on site visits

E.            Instrument control software (controls the instrument for sequencing runs) and hardware proprietary updates (can occur during scheduled preventative maintenance visits, unless critical for operation of instrument) software and firmware updates upon request, and in conjunction with a scheduled Preventive Maintenance or Corrective Maintenance visit, including software revisions.

F.            Unlimited service visits during normal business days hours, excluding Federal holidays

G.           Unlimited telephone support for instruments and applications

H.            Required reagents for use in the preventative maintenance and emergency repairs

I.             Priority onsite scheduling equal to a manufacturers direct contract, to ensure minimal down time of instrumentation. Priority is defined as giving priority scheduling equal to a direct contract and guaranteeing the equivalent manufacturer’s priority onsite response. If you are a third-party service provider, the priority scheduling and/or response time, must be listed on a capabilities statement, as well as documentation of OEM trained technicians is required.

All service terms, conditions, and exclusions as a part of the quoted service, shall be included with a capabilities statement.

Base Year: 04/01/2023 to 03/31/2024

Option Year One: 04/01/2024 to 03/31/2025

Option Year Two: 04/01/2025 to 03/31/2026

Option Year Three: 04/01/2026 to 03/31/2027

Option Year Four: 04/01/2027 to 03/31/2028                          

The statutory authority for this sole source requirement is 41 U.S.C. 1901 (a) (1) as implemented by FAR 13.106-1 only one responsible source and no other supply of service will satisfy agency requirements. THIS IS NOT A REQUEST FOR PROPOSAL.  All responsible sources that could provide comparable services may submit a capability statement that will be considered by email (subject line to reference NOI-NIAID-2158902) to Jesse Weidow at jesse.weidow@nih.gov, by 11:00 AM Mountain Standard Time, Thursday, March 23th,2023. All responses received by the closing date of this synopsis will be considered by the Government.  A determination not to compete this requirement, based upon responses to this notice, is solely within the discretion of the Government.

This acquisition will be processed under FAR Part 13 Simplified Acquisition Procedures (SAP). The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-01 December 30, 2022.

The following FAR provisions apply to this acquisition:

FAR 52.212-1 Instructions to Offerors Commercial Items (NOV 2021)

FAR 52.212-3 Offerors Representations and Certifications - Commercial Items (DEC 2022)

FAR 52.204-7 System for Award Management (OCT 2018)

(Offerors must complete annual representations and certifications on-line at http://www.sam.gov/ in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items (Please ensure FAR 52.209-2 -- Prohibition on Contracting with Inverted Domestic Corporations--Representation. (Nov 2015) is updated in your SAM record)

FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements – Representation (JAN 2017)

52.204–26 Covered Telecommunications Equipment or Services-Representation

(OCT 2020)

The following FAR contract clauses apply to this acquisition:

17.207 Exercise of options.

52.217-5 Evaluation of Options.

EVALUATION OF OPTIONS (JULY 1990)

FAR 52-212-4 Contract Terms and Conditions Commercial Items (DEC 2022)

FAR 52-212.5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (DEC 2022) *The applicable subparagraphs of FAR52.212-5 are included in the attachment to this posting.

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)

FAR 52.204-13 System for Award Management Maintenance (Oct 2018)

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

HHSAR 352.222-70, Contractor Cooperation in Equal Employment Opportunity Investigations (December 2015)

FAR 52.252-2 -- Clauses Incorporated by Reference. (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:  http://farsite.hill.af.mil/vffara.htm

Copies of the above-referenced provisions and clauses are available from http://www.acquisition.gov/far/loadmainre.html & http: //www.hhs.gov/regulation/index.html or, upon request, by email.