Service and Maintenance of Nikon Spinning Disk/BioPipeline LIVE System

 (i)        This is a combined synopsis/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.

(ii)        The solicitation number is 75N95022Q00296 and the solicitation is issued as a request for quotation (RFQ).

This acquisition is for a commercial item or service and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13—Simplified Acquisition Procedures; FAR Subpart 13.5— Simplified Procedures for Certain Commercial Items; and FAR Part 12—Acquisition of Commercial Items, and is expected to exceed the simplified acquisition threshold. 

(iii)       The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) Number 2022-06, with effective date May 26, 2022.

(iv)       The associated NAICS code is 811219and the small business size standard is $22 million. This requirement is full and open with no set-aside restrictions.

(v)        This requirement is for the following services: Service and Maintenance of Nikon Spinning Disk/BioPipeline LIVE System

(vi)         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 requirements below:

              Nikon trained service technicians shall provide emergency repair service, labor, travel, and replacement parts, excluding consumable items on the Nikon Spinning Disk/BioPipeline LIVE System. Vendor shall provide Nikon manufactured certified replacement parts and Nikon trained service technicians. Contractor shall provide one planned maintenance inspection per service period on the Nikon Spinning Disk/BioPipeline LIVE System each year. The annual maintenance inspection shall include the upgrade of Nikon’s proprietary software. See attached Statement of Work for additional details.

(vii)      The Government anticipates award of a firm fixed-price purchase order for this acquisition, and the anticipated period of performance is:

Base Year: 9/1/2022 to 8/31/2023

Option Year 1: 9/1/2023 to 8/31/2024

Option Year 2: 9/1/2024 to 8/31/2025

Option Year 3: 9/1/2025 to 8/31/2026

Option Year 4: 9/1/2026 to 8/31/2027

(viii)     The provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998), applies to this acquisition. This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these addresses:  https://www.acquisition.gov/browse/index/far   https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html   

(End of provision)

The following provisions apply to this acquisition and are incorporated by reference:

• FAR 52.204-7, System for Award Management (Oct 2018)
• FAR 52.204-16, Commercial and Government Entity Code Reporting (Aug 2020)
• FAR 52.212-1, Instructions to Offerors-Commercial Items (Nov 2021)
• FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (Nov 2021)
• FAR 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification (May 2014)
• HHSAR 352.239-73, Electronic and Information Technology Accessibility Notice (December 18, 2015)

The clause at FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998), applies to this acquisition. 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 these addresses:

https://www.acquisition.gov/browse/index/far     https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html  

(End of clause)

The following clauses apply to this acquisition and are incorporated by reference:

• FAR 52.204-13, System for Award Management Maintenance (Oct 2018)
• FAR 52.204-18, Commercial and Government Entity Code Maintenance (Aug 2020)
• FAR 52.212-4, Contract Terms and Conditions--Commercial Items (Nov 2021). Addendum to this FAR clause applies to this acquisition and is attached.
• The clause at FAR 52.217-9, Option to Extend the Term of the Contract (Mar 2000). Fill ins: 15 days, 30 days, 5 years
• HHSAR 352.222-70, Contractor Cooperation in Equal Employment Opportunity Investigations (December 18, 2015)
• HHSAR 352.239-74, Electronic and Information Technology Accessibility (December 18, 2015)

The following provisions and clauses apply to this acquisition and are attached in full text.  Offerors MUST complete the provisions at 52.204-24 and 52.204-26 and submit completed copies as separate documents with their proposal.

• FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)
• FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)
• FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (May 2022)
• NIH Invoice and Payment Provisions  Note: two versions of the invoice instructions are attached, but only one will be included in the award.

(ix)       (a) The Government will evaluate quotations or offers in accordance with FAR 13.106-2 and award a purchase order from this solicitation to the responsible offeror whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:

a. Technical capability of the item offered to meet the Government requirement;

b. Price; and

c. Past performance [see FAR 13.106-2(b)(3)].

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(x)        The Offerors to include a completed copy of the provision at FAR clause 52.212-3, Offeror Representations and Certifications-Commercial Items (Nov 2021), with its offer. If the offeror has completed FAR clause 52.212-3 at www.sam.gov, then the offeror does not need to provide a completed copy with its offer.

(xi)       The clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Nov 2021), applies to this acquisition. Addendum to this FAR clause applies to this acquisition and is attached.

(xii)      There are no additional contract requirement(s) or terms and conditions applicable to this acquisition.

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

(xiv)     Responses to this solicitation must include clear and convincing evidence of the offeror’s capability of fulfilling the requirement as it relates to the technical evaluation criteria. The price proposal must include the labor categories, an estimate of the number of hours required for each labor category, fully loaded fixed hourly rate or each labor category, breakdown and rationale for other direct costs or materials, and the total amount.

The Unique Entity ID from SAM.gov, the Taxpayer Identification Number (TIN), and the certification of business size must be included in the response. All offerors must have an active registration in the System for Award Management (SAM) www.sam.gov.

All quotations must be received by 10:00 am, Eastern Daylight Time, on July 25, 2022, and reference Solicitation Number 75N95022Q00296. Responses must be submitted electronically to Karen Mahon, Contracting Officer at Karen.Mahon@nih.gov.

Fax responses will not be accepted.