SPECIAL NOTICE
J -- Repairs and Preventive Maintenance for Government-Owned BD Biosciences Influx 24 Parameter Cell Sorter
- Notice Date
- 8/27/2020 5:02:31 AM
- Notice Type
- Special Notice
- NAICS
- 811219
— Other Electronic and Precision Equipment Repair and Maintenance
- Contracting Office
- NIH National Cancer Institute Rockville MD 20850 USA
- ZIP Code
- 20850
- Solicitation Number
- 75N91020Q00179
- Response Due
- 8/27/2020 9:00:00 AM
- Archive Date
- 09/11/2020
- Point of Contact
- William Neal, Phone: 2402765433, Reyes Rodriguez, Phone: 2402765442
- E-Mail Address
-
william.neal@nih.gov, reyes.rodriguez@nih.gov
(william.neal@nih.gov, reyes.rodriguez@nih.gov)
- Description
- Title: �Repairs and Preventive Maintenance for Government-Owned BD Biosciences Influx 24 Parameter Cell Sorter Document Type:� � � � � � � �Special Notice Solicitation Number:� � ��75N91020Q00179 Posted Date:� � � � � � � � � � � �08/27/2020 Response Date: ����������������09/03/2020 Classification Code: J066 � MAINT/REPAIR/REBUILD OF EQUIPMENT-INSTRUMENTS � �������� AND LABORATORY EQUIPMENT���������������������� � NAICS Code:� 811219 � Other Electronic and Precision Equipment Repair and Maintenance ($22,000,000) other than small business.�� Contracting Office Address: Department of Health and Human Services, National Institutes of Health, National Cancer Institute, Office of Acquisitions, 9609 Medical Center Drive, Room 1E128, Bethesda, MD� 20892, UNITED STATES. Description: The National Institute of Health (NIH) National Cancer Institute (NCI), Center for Cancer Research (CCR), Experimental Transplantation and Immunology Branch (ETIB) Flow Cytometry Core Facility (FCCF), Office of Acquisitions (OA) plans to award as sole source contract to.� Becton, Dickinson Company located at 2350 QUME DR, SAN JOSE, CA, 95131-181, UNITED STATES 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 � Acquisition for Commercial Items and will be made pursuant to the authority in FAR Part 13.106-1(b)(1)(i) using simplified acquisition procedures for commercial acquisitions and is exempt from the requirements of FAR Part 6. The North American Industry Classification System code is 811219 - Other Electronic and Precision Equipment Repair and Maintenance ($22,000,000) other than small business. This will be awarded as a severable firm fixed price type contract It has been determined there are no opportunities to acquire green products or services for this procurement. 1.0� BACKGROUND The NCI Experimental Transplantation and Immunology Branch Flow Cytometry Core Facility provide essential optical biology services to the Branch and to other investigators in the NCI and NIH.� The core is committed to maintaining an up-to-date array of instrumentation for its investigators. The ETIB Flow Core currently possesses a 2017 BD Biosciences Influx 24 parameter cell sorter SN: X64650000135; Influx Diode 400-410nm 100 m; Influx 488-200 Blue Laser; Influx 561-150 Lt Green Laser; and Influx 640-120 Red Laser for physical separation of a wide variety of cell types required by our investigators.� This instrument receives heavy use by both Branch and outside CCR investigators (>40 hours/week).�� Since this instrument has multiple lasers and is heavily used for time-sensitive projects, service contract coverage by the original manufacturer is essential.� Of particular importance is the hybrid analog-digital data acquisition electronics, which is completely proprietary and is not accessible either in parts or firmware support to service personnel outside BD Biosciences.� Failure of a selected company to have expertise in this system will result in inadequate support of the system. 2.0 PRODUCT SPECIFICATIONS/SALIENT CHARACTERISTICS 2.1 PREVENTIVE MAINTENANCE� The Contractor shall perform one (1) planned preventive maintenance during the contract period for government-owned 2017 BD Biosciences Influx 24 parameter cell sorter SN: X64650000135; Influx Diode 400-410nm 100 m; Influx 488-200 Blue Laser; Influx 561-150 Lt Green Laser; and Influx 640-120 Red Laser. Technically qualified factory-trained personnel shall perform Service. Service shall consist of a thorough cleaning, calibration, adjusting, inspection, and testing of all equipment in accordance with the manufacturer�s latest established service procedures. All equipment shall be operationally tested through at least one (1) complete operating cycle at the end of the preventive maintenance inspection to assure optimum and efficient performance. All maintenance services shall be performed in accordance with the manufacturer�s standard commercial maintenance practices. Lasers, detectors, electronics and fluidic components will be covered by this service contract. The contractor shall provide Software Service in accordance with the manufacturer�s latest established service procedures, to include unlimited telephone access to technical support for instruments, reagents, applications and use of program software and troubleshooting of the operating systems, at no additional cost to the Government. The contractor shall receive advance approval for the installation of all software updates and revisions from the Government. Defective software shall be replaced at no additional cost to the government. 2.2� EMERGENCY SERVICE The Contractor must provide rapid service response (within 48 hours) and rapid access to other OEM parts associated with the instrument. This instrument receives heavy usage, and is relied upon for analysis of human patient samples, which can arrive at any time and must be analyzed promptly. As a result, service times of more than 48 hours are unacceptable for a critical instrument of this type. Equally rapid access to OEM parts is equally essential. Response times and OEM part access of greater than 48 hours are not appropriate for this instrumentation. These response times and part accessibility require a company with field service engineers that are local to the Bethesda MD area. Finally, the Contractor must be able to provide full computer workstation maintenance, including necessary software upgrades. Only BD Biosciences can provide this service. Failure to provide OEM computer support and replacement will not fulfill the requirements of the instrument. The Contractor must provide all labor, material and equipment to provide repairs and preventive maintenance for government-owned BD Biosciences Influx 24 parameter cell sorter SN: X64650000135; Influx Diode 400-410nm 100 m; Influx 488-200 Blue Laser; Influx 561-150 Lt Green Laser; and Influx 640-120 Red Laser. All maintenance services shall be performed in accordance with the manufacturer�s standard commercial maintenance practices. Lasers, detectors, electronics and fluidic components will be covered by this service contract. On-site, emergency repair service visit shall be provided during the term of this contract at no additional cost to the government. Upon receipt of notice that any part of the equipment is not functioning properly the Contractor shall provide on-site response a qualified factory-trained service representative to inspect the equipment and perform all repairs and adjustments necessary to restore the equipment to normal and efficient operating condition. Emergency service calls shall not replace the necessity for planned preventative maintenance. All labor and travel will be included. 2.3� �REPLACEMENT PARTS� The Contractor shall furnish all required replacement parts at no additional cost to the Government, with the exception of consumables. Parts shall be new to original equipment specifications. Rapid access to OEM parts for maintenance and repair is essential. This instrument receives heavy usage and is relied upon for analysis of human patient samples, which can arrive at any time and must be analyzed promptly. Rapid OEM part accessibility requires a company with field service engineers that are local to the Bethesda MD area ad have access to certified OEM parts. 2.4� SOFTWARE UPDATES/SERVICE� The Contractor shall provide Software Service and updates in accordance with the manufacturer�s latest established service procedures, to include telephone access to technical support for use of program software and troubleshooting of the operating systems, at no additional cost to the Government. The contractor shall receive advance approval for the installation of all software updates and revisions from the Government. Defective software shall be replaced at no additional cost to the government.� When free upgrades or patches are available, the contractor needs to provide these as indicated by BD Biosciences Finally, the chosen service provider must be able to provide full computer workstation maintenance, including necessary software upgrades. Failure to provide OEM computer support and replacement will not fulfill the requirements of the instrument. The Contractor shall provide Software Service in accordance with the manufacturer�s latest established service procedures, to include unlimited telephone access to technical support for use of program software and troubleshooting of the operating systems, at no additional cost to the Government. The Contractor shall receive advance approval for the installation of all software updates and revisions from the Government. Defective software shall be replaced at no additional cost to the government. 2.5� SERVICE EXCLUSIONS The Contractor shall not be responsible for any repairs necessitated by abuse, neglect, vandalism, Acts of God, fire or water. These repairs shall be the subject of a separate purchase order and shall not be performed under this contract. 2.6� PERSONNEL QUALIFICATIONS The Contractor�s staff must be OEM and OEN-trained service technicians specifically trained on the BD Biosciences BD Biosciences Influx 24 parameter cell sorter SN: X64650000135; Influx Diode 400-410nm 100 m; Influx 488-200 Blue Laser; Influx 561-150 Lt Green Laser; and Influx 640-120 Red Laser, and with full access to official instrument documentation and software resources.. Contractor must use only OEM parts, firmware and software in maintaining and upgrading the system. When free upgrades or patches are available, the Contractor must provide these as indicated by BD Biosciences. The contractor needs to provide one preventative maintenance (PM) visit per year for routine maintenance, not in response to a specific repair. 3.0� TYPE OF ORDER This is a firm-fixed price purchase order. The services acquired under this contract are severable services. Funds are only available for use for the contract line item number (CLIN) to which they are obligated. Unused funds from one CLIN or option period may not rollover for use in other periods or CLINs. 4.0� �PERIOD OF PERFORMANCE The base period of performance shall be for twelve (12) months from 28 September 2020 thru 27 September 2021 with four (4) 12-month option periods. 5.0.� �PLACE OF PERFORMANCE Onsite services shall be performed at the following location: 9000 Rockville Pike Bethesda, MD� 20892 NOTE: Exact place of performance information � including building and room information � shall be provided at time of award. 6.0� �SPECIAL CONSIDERATIONS REGARDING DELIVERIES DURING COVID-19 Services outlined in the Statement of Work may be delayed due to conditions related to SARS-CoV-19 (COVID-19). If services provided under this contract are impacted by COVID-19, the Contractor shall provide all services at a different time and date at no additional cost to the Government. All companies delivering to the NIH main campus must comply with Commercial Vehicle Inspection Facility (CVIF) access procedures. Upon arrival, the CVIF will provide a list of buildings and loading docks to delivery personnel. 7.0� ORDER CLAUSES & TERMS 7.1� �FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE� � � � � � � � � � � � �ORDERS � COMMERCIAL ITEMS (AUG 2020) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions).� (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: CLAUSE REFERENCE NO.� � � � � � � � � � � � � � � � � � � � � � � �TITLE� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � EFFECTIVE DATE 52.204-10� � � � Reporting Executive Compensation and First-Tier Subcontract Awards� � � � � � � Jun 2020 52.209-6� � � � � Protecting the Government�s Interest When Subcontracting with contractors� �Jun 2020 � � � � � � � � � � � � � � Debarred, Suspended, or Proposed for Debarment 52.222-3� � � � � Convict Labor� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �Jun 2003 52.222-21� � � � Prohibition of Segregated Facilities� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �Apr 2015 52.222-26� � � � Equal Opportunity� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � Sept 2016 52.222-35� � � � Equal Opportunity for Veterans� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � Jun 2020 52.222-36� � � � Equal Employment for Workers with Disabilities� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � Jun 2020 52.222-37� � � � Employment Reports on Veterans� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �Jun 2020 52.222-36� � � � Equal Opportunity for Workers with Disabilities� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �Jun 2020 52.222-50� � � � Combating Trafficking in Persons� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � Jan 2019 52.223-18� � � � Encouraging Contractor Policies to Ban Text Messaging While Driving� � � � � � � � Jun 2020 (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: CLAUSE REFERENCE NO.� � � � � � � � � � � � � � � � � � TITLE� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �EFFECTIVE DATE � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �No applicable clauses (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor�s directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart� 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232). (v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793). (x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212). (xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). (xiii)��� (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627). (B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627). (xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989). (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.1241(b) and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. 7.2� ��FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30-days prior to expiration of the period of performance. 7.3� � � � FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT(MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within the period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. 7.4� �FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE 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/far http://www.hhs.gov/policies/hhsar CLAUSE REFERENCE NO.� � � � � � � � � � � � � � � � � � � �TITLE� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �EFFECTIVE DATE FAR 52.204-13� � � � � � � � � � � � � � � System for Award Management Maintenance� � � � � � � � � � � � � � � � � � �Oct 2018 FAR 52.204-18� � � � � � � � � � � � � � � Commercial and Government Entity Code Maintenance� � � � � � � �Jul 2016 FAR 52.212-4� � � � � � � � � � � � � � � � Contract Terms and Conditions � Commercial Items� � � � � � � � � � � �Oct 2018 FAR 52.253-1� � � � � � � � � � � � � � � � Computer Generated Forms� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �Jan 1991 ETIB employs a 2017 BD Biosciences Influx 24 parameter cell sorter for the physical separation of a wide variety of cell types required by the NCI�s investigators.� This instrument receives heavy use by both Branch and outside CCR investigators (>40 hours/week.�� Since this is a relatively new instrument and laser configuration, service contract coverage by the original manufacturer is essential.� Of particular importance is the hybrid analog-digital data acquisition electronics, which is completely proprietary and is not accessible either in parts or firmware support to service personnel outside BD Biosciences.� Of considerable importance is rapid service response (48 hours) and rapid access to other OEM parts associated with the instrument.� This instrument receives heavy usage, and is relied upon for sorting human patient samples, which can arrive at any time and must be sorted promptly.� As a result, service times of more than 48 hours are unacceptable for a critical instrument of this type.� Equally rapid access to OEM parts is equally essential.� Response times and OEM part access of greater than 48 hours are not appropriate for this instrumentation. Finally, rapid laser replacement (also within 48 hours) is also essential to keep this instrument operational. The Influx utilizes specialized lasers from multiple OEM manufacturers, all sourced by BD Biosciences and modified for use on the Influx. The lasers specified in the contract must be in stock by the service company and in a configuration appropriate to this instrument.� Thus, to NCI knowledge, BD is the vendor that can ensure the instrument received adequate support.� Introducing a new vendor. Lead times longer than 48 hours are again unacceptable. 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 in the contracting office by 12:00PM EDT, on September 03, 2020.� All responses and questions must be in writing and faxed (240) 276-5433 or emailed to William Neal and Reyes Rodriguez, Contracting Officer via electronic mail at william.neal@nih.gov and reyes.rodriguez@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: 75N91020Q00179 on all correspondence.
- Web Link
-
SAM.gov Permalink
(https://beta.sam.gov/opp/77fb1ba83be242628c445ea0eb513036/view)
- Place of Performance
- Address: Bethesda, MD 20892, USA
- Zip Code: 20892
- Country: USA
- Zip Code: 20892
- Record
- SN05775531-F 20200829/200827230203 (samdaily.us)
- Source
-
SAM.gov Link to This Notice
(may not be valid after Archive Date)
| FSG Index | This Issue's Index | Today's SAM Daily Index Page |