NOI-Service agreement for LSRFortessa Flow Cytometer instrument used at National Center for Advancing Translational Sciences (NCATS).

NON-COMPETITIVE COMBINED SYNOPSIS / SOLICITATION Title: Service agreement for LSRFortessa Flow Cytometer instrument used at National Center for Advancing Translational Sciences (NCATS). (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested, and a separate written solicitation will not be issued. (ii) The solicitation number is 75N98026Q00452. This solicitation is issued as a Notice of Intent (NOI) for a non-competitive combined synopsis/solicitation to award a contract or purchase order without providing for full and open competition (including brand-name, if applicable). This acquisition is conducted under the authority of FAR 12.603, Streamlined Solicitation for Commercial Products or Commercial Services, and is not expected to exceed the simplified acquisition threshold. Additional authority includes 41 U.S.C. 1901 and FAR 6.302-3(a)(2)(ii). The National Institutes of Health (NIH), Office of the Director, Office of Acquisitions, intends to negotiate and award a Firm-Fixed-Price on a non-competitive basis to BD Biosciences 155 North McCarthy Boulevard Milpitas CA 95035 The LSRFortessa system is proprietary equipment manufactured by BD Biosciences. The instrument incorporates tightly integrated optical, fluidic, electronic, and software subsystems that require manufacturer-specific diagnostic tools, calibration procedures, firmware access, and proprietary replacement parts. Preventive maintenance procedures, software updates, system calibration, and corrective repairs require factory-trained personnel with direct access to proprietary technical documentation and parts inventories. Third-party service providers do not have access to proprietary components, firmware, software updates, engineering specifications, or specialized diagnostic equipment required to ensure proper system performance. Use of non-manufacturer service providers could compromise instrument performance, data integrity, software functionality, and system configuration, and may void existing manufacturer support protections. BD Biosciences is the original equipment manufacturer and the only source capable of providing comprehensive maintenance, authorized software updates, certified parts replacement, and factory-trained technical support necessary to maintain the system in fully operational condition. No other source is reasonably available to meet the Government’s requirements. -- 1 of 3 -- (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (insert current circular number and date). (iv) The associated NAICS code is 811210- Electronic and Precision Equipment Repair and Maintenance, and the small business size standard is 34 million. This requirement is not set aside for small business. (v) Description of Requirement: This request is for a service contract for a BD LSRFortessa flow cytometer located in our laboratory to ensure it is always operational. Since the system is one of the key tools in our operation, it is necessary to operate correctly with as little down time as possible. Parts and accessory items must be compatible with the existing equipment. In the attempt to avoid excessive and costlier down time due to equipment failure we must use the services provided by this company. (vi) Delivery Location: NIH/NCATS 9800 Medical Center Drive Building B, Room 2001A Rockville, MD 20850 (vii) [Reserved, if needed] (viii) The provision at FAR 52.212-1, Instructions to Offerors—Commercial Items, applies to this acquisition. Add any additional instructions as required. (ix) The provision at FAR 52.212-2, Evaluation—Commercial Items, applies to this acquisition. (a) A written notice of award or acceptance of an offer, issued to the successful offeror within the time specified in the offer, shall result in a binding contract without further action by either party. The Government reserves the right to accept any offer (or part of an offer) before the expiration date, whether or not discussions are conducted, unless a written notice of withdrawal is received prior to award. Add additional evaluation criteria as required. (x) Offerors shall include a completed copy of FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, with their offer. (xi) FAR 52.212-4, Contract Terms and Conditions—Commercial Items, applies to this acquisition. -- 2 of 3 -- (xii) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items, applies to this acquisition. (xiii) Additional contract requirements or terms and conditions, as determined necessary by the Contracting Officer and consistent with customary commercial practices: None. (xiv) The Defense Priorities and Allocations System (DPAS) is not applicable to this requirement. (xv) Submission Requirements: Responses must include sufficient information to demonstrate the respondent’s capability to provide the required product or service. Price quotations shall include, at a minimum: unit price, list price, shipping and handling costs, delivery timeframe after award, delivery terms, prompt payment discount terms, F.O.B. point (destination or origin), product or catalog numbers, product descriptions, and any other relevant information. Evaluation factors may include, but are not limited to: past performance, technical capability, special features, trade-in considerations, expected lifecycle, warranty, maintenance availability, and environmental or energy efficiency considerations. Respondents claiming to be manufacturers or authorized resellers of a specified brand-name product must provide: (a) Product, catalog, model, and/or part number(s); (b) Product description; (c) Documentation demonstrating that the offered item meets a…