This notice is a combined synopsis/solicitation, Notice of Intent. The Government intends to negotiate on a sole source basis with BD Biosciences for a FACSCalibur Flow Cytometer Upgrade, in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are not being requested and a written solicitation will not be issued. This acquisition is issued as a Notice of Intent (NOI-RML-40017). The acquistion documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2001-24 dated 06/18/04. This acquisition will be processed under FAR Part 12 – Acquisition of Commercial Items and is not a small business set-aside. The North American Industry Classification System (NAICS) code for this procurement is 334516 and the small business size is 500 employees. The Rocky Mountain Laboratories, Laboratory of Persistent Viral Diseases (LPVD) currently owns a FACSCalibur Flow Cytometer and intends to upgrade it to a High Throughput Sampler system with the following specifications: cell sorting rate of a minimum of 300 cells per second with greater than 90% purity; aerosol free cell sorting, ability to process 96 well plates with an acquisition rate of 15 minutes per plate in high throughput mode, 40 minutes per plate in standard mode; user-selectable sample volume and mixing, programmable multiwash cycles; and on-site installation, maintenance and real time trouble shooting by modum. The upgrade must be fully compatible with the BD Biosciences Flow Cytometer, which is manufactured and distributed solely by BD Biosciences. BD Biosciences is the sole manufacturer and distributor of the High Throughput Sampler system and is therefore the sole source for this acquisition. FOB Point shall be Destination, Hamilton, MT. Delivery location is Rocky Mountain Laboratories, 903 S. 4th Street, Hamilton, MT. The following FAR provisions and clauses apply to this acquisition: 52.212-1 Instructions to Offerors-Commercial Items; FAR 52.212-2 Evaluation-Commercial Items; FAR 52-212-4 Contract Terms and Conditions-Commercial Items; FAR 52-212.5 Contract Terms and Conditions Required to Implement Statues or Executive Orders-Commercial Items; FAR52.246-2 Inspection of Supplies-Fixed Price. Offerors must include with their offer a completed copy of the provisions at FAR 52.212-3 Offerors Representations and Certifications-Commercial Items. Award will be based on: the capability to meet the above stated salient characteristics, delivery, past performance and price. Offers may be mailed or faxed to the POC indicated above (Fax - 406-363-9288). Offers must be submitted not later than 4:30 PM (MDST) 07/22/04. By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. Copies of the above-referenced clauses are available upon request, either by telephone or fax. All responsible sources may submit an offer that will be considered by this Agency.

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