National Cancer Institute (NCI), Center for Cancer Research (CCR), Experimental Immunology Branch (EIB) Flow Cytometry Facility plans to procure one (1) brand name or equal Becton Dickinson Special Order Symphony S6 6-laser Flow Cytometer/Cell Sorter.

This is a combined synopsis/solicitation for commercial items, prepared in accordance with the format in FAR 12.6 as supplemented with additional information included in this notice, and shall be processed in accordance with FAR Part 13 – Simplified Acquisition Procedures. This announcement constitutes the only solicitation and a separate written solicitation will not be issued.  This solicitation, 75N91021Q00053, is issued as a request for quote (RFQ) and includes all applicable provisions and clauses in effect through FAR Federal Acquisition Circular (FAC) 2021-05 (3-10-2021), simplified acquisition procedures for commercial items. 

The North American Industry Classification System code is 334516 and the business size standard is 1,000 employees.  Only one award will be made as a result of this solicitation.  This will be awarded as a firm fixed price type purchase order. 

The Experimental Immunology Branch (EIB) Flow Cytometry Facility provides basic research support to members of the EIB as well as to investigators throughout NCI CCR.  Support is provided for ongoing immunobiology research projects including studies of:  thymocyte biology and differentiation, T cell and B cell development, differentiation and activation, mechanisms of gene expression and chromatin biology, mechanisms of neuro-immunological pathology, mechanisms of gut inflammation, antigen processing and presentation, mechanisms of co-stimulation in T and B cell biology. 

Currently support is provided to 65 users with 5 flow cytometry analyzers and 2 flow cytometry cell sorters manufactured by Becton Dickinson (BD).  All 7 instruments are produced by the same manufacturer (and thus use similar optics, electronics, laser sources and software), experiments can seamlessly transfer between instruments with identical results.  Further, protocols for cell preparation and staining with fluorescent reagents can be developed on the flow cytometry analyzers and transferred immediately to the cell sorters for cell separation.  Each instrument supports multiple experiments each day and each instrument is fully utilized.   Demand for instrument time currently exceeds availability so the ability to transfer seamlessly between instruments is required to maintain throughput and to maintain data integrity when experiments need to be transferred to a different cell sorter, due to malfunctions.  Becton Dickinson instrumentation has been identified as compatible with existing instrumentation and established research protocols.

By replacing the obsolete 6-laser cell sorter with a Becton Dickinson state of the art cell sorter, the two EIB facility cell sorters will share 5 identical laser excitation sources, providing additional instrument redundancy.  In addition, the new cell sorter will be able to analyze, and use for cell sorting, additional fluorochromes such that the instrument will support more complex experiments than the current obsolete 2009 cell sorter.

The proposed acquisition will replace the current obsolete cell sorter that utilizes obsolete biosafety protections with a cell sorter in a self-contained biosafety hood providing the ability to sort Biosafety Level 2 biological materials in accordance with NIH safety requirements.  

A Becton Dickinson Special Order Symphony S6 6-laser Flow Cytometer/Cell Sorter was evaluated and determined to be the system most capable of fulfilling the requirements of the EIB.  The requested equipment has been identified as a Special-Order Research Product (SORP) that shall be custom manufactured with a unique laser and fluorescent detector configuration that meets the requirements of the EIB and that is required in order to continue ongoing research products.

The requirements of the EIB for this Flow Cytometer/Cell Sorter system are as follows:

• Six lasers must include:  488nm = 200mW, 637nm = 140mW, 405nm = 200mW, 561nm = 150mW, 355nm = 60mW, 592nm = 100mW.  All 6 lasers to be air-launched. 

This specific excitation platform configuration required by EIB for compatibility with existing instrumentation and with established research protocols using specific fluorescent dyes and for seamless movement of experiments between the existing equipment and the new equipment.

• 35 Fluorescence and 2 Scatter Detectors with appropriate optical filters must be configured as follows for each laser:

488nm blue laser: forward scatter, side scatter, 6 fluorescence detectors.

637 nm red laser:  3 fluorescence detectors

405nm violet laser:  8 fluorescence detectors

561nm yellow-green laser: 3 fluorescence detectors

355nm uv laser:  8 fluorescence detectors

592 yellow laser: 2 fluorescence detectors

This detector configuration is required for compatibility with existing instrumentation and ongoing research projects using specific fluorescence dyes that require these detectors to be measured, and for seamless transition of experiments between the existing equipment and the new equipment.

• Cell Sorting Functionality.  Must provide sorting at 25,000 cells/second with 98% purity.  Must provide 6-way sorting.  Must include automated cell deposition unit for sorting onto slides or into 6, 48, 96 and 384 well plates. Cell sorter must employ automatic sort setup technology that allows the operator to monitor side streams while sorting. This provides for a faster sort set-up providing the operator with a visual display of the sort set-up.  Cell sorting functionality required for compatibility with existing instrumentation and ongoing research projects.  Automatic sort setup required for compatibility with existing staff training.

• Cell sorter must have the ability to threshold on multiple parameters simultaneously. This feature required for detecting small particles or samples with large amounts of debris.

• Capability for temperature control (heating and cooling) of sample tube and sorted cells. This feature required to keep cells alive during sorting.

• Cell Sorter must have automated compensation networks between all lasers and all fluorescence parameters.  Cell sorter must provide real time fluorescence compensation during sorting.  Real time compensation required for compatibility with existing multi-color fluorescence cell sorting protocols that support ongoing research projects.

• Instrument control and data management to be provided by BD FACSDiva software v8,0 or later and to include the ability to produce FCS2.0, 3.0 and 3.1 data files, the ability to ratio any signal from any laser, and the ability to automatically determine and adjust optimal laser delays.  FACSDiva software required for compatibility with existing instrumentation, with current operator training, with custom EIB-produced analysis software and with established protocols used in ongoing research projects.

• Cell sorter must be installed in a fully integrated Class II NSF-49 certified Biosafety Cabinet (BSC) with ULPA filtration system for live cell sorting. Redundant aerosol management system must function in event of blower motor failure.  Required to meet NIH safety guidelines for sorting BSL-2 biomaterials.

• Maximum heat dissipation of cell sorter system in Biosafety Cabinet must be < 5300 BTU/hour.  Biosafety cabinet must be self-contained to operate without connection to building ventilation system.  This requirement will allow new instrument to operate in existing environmental conditions of the laboratory without renovations.

• Cell sorter installed in Biosafety Cabinet must have maximum dimensions: H 88 in, x W 56 in, x D 36 in. in BSC. This requirement required to install equipment in existing laboratory space.

Warranty:

A minimum of twenty-four (24) months of warranty shall be included in the quote, which covers the cost of repair and/or replacement, including labor or any defect in workmanship or parts.  The Contractor shall also warrant and imply that all items delivered as a result of this order are merchantable and fit for use for the particular purpose described in the order in accordance with FAR 52.212-4(o).

If a defect results in lost or decreased performance of supplies or services furnished under this order, the Contractor shall cover all parts, materials, labor, and/or travel expenses required to repair or replace the supplies at no cost to the Government.

The extended warranty shall include emergency repair on-site service by in-state qualified factory trained field engineers with a 48-hour response time.  Because the equipment will be a custom manufacturer instrument of high complexity, an extended warranty is required.  A 48-hour response time is required due to the heavy experimental load of ongoing research experiments.

Delivery and Installation:

Equipment shall be delivered within 90 business days of purchase order award.  The Contractor shall provide the NCI Technical Point of Contact (TPOC), TBD at award, with tracking information to anticipate delivery to the best extent possible. All shipping/handling (including FOB) and delivery/installation fees shall be included in the quote. Upon delivery, the Contractor shall notify the TPOC to schedule the installation date and time that shall occur within 10 business days after delivery. Installation shall be performed by, or under the direct supervision of, an Original Equipment Manufacturer (OEM) certified operator.

The Contractor shall deliver and install the equipment at the following address:

NIH/NCI/CCR EIB

9000 Rockville Pike

Building 10

Bethesda, MD 20982

DELIVERY PROCEDURES DURING COVID-19 PANDEMIC

Due to the current COVID-19 pandemic, the Contractor must pay close attention to the following delivery instructions. Please be aware that due to the fluidity of the existing pandemic, instructions may be updated as needed after award.

• The equipment shall be delivered within the timeframe listed in section 4.2 above.
• The Contractor shall:

• Store or hold equipment until NCI is ready to accept the equipment at no additional cost.
• The equipment shall not be sold to another business in the event NCI is not ready to accept delivery due to unanticipated changes related to COVID-19; and
• Training as required by the Statement of Need shall be made available and provided to required staff at different times and dates, if required, at no additional cost.
• Communicate and follow instructions from the TPOC to coordinate delivery, installation, and training in accordance with the timeframes stated in sections 4.2 through 4.3 above. The delivery address and TPOC’s information will be provided at the time of award and must be included as part of the order/shipping label.
• All companies delivering to NIH’s main campus shall comply with Commercial Vehicle Inspection Facility (CVIF) access procedures. CVIF will provide a list of buildings with loading docks.
• Delivered items will be logged in and the loading dock Contractor or Government employee will attempt to contact the TPOC for inspection and acceptance of the package. In the event the TPOC is unable to accept the package, the equipment shall not be left at the loading dock station. The Contractor shall confirm another attempt will be made to deliver on another date, to be coordinated with the TPOC, at no additional cost.  
• Deliveries shall only be made between 6AM to 4PM, Monday through Friday.

Note: Delivery personnel may be asked a series of questions related to recent travels and if any physical symptoms relevant to COVID 19 exist.

PAYMENT:  

Payment shall be made in full upon delivery, inspection and acceptance by the Government. Payment authorization requires submission and approval of invoices to the TPOC and NIH OFM, in accordance with the attached payment provisions listed below. The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls:  Prompt Payment (Jan 2017) FAR 52.232-25. 

PURCHASE ORDER CLAUSES: 

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (JULY 2021)

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/these address(es): http://www.acquisition.gov/far/ and/or http://www.hhs.gov/policies/hhsar/.

CLAUSE NO.

TITLE

DATE

FAR 52.204-13

SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

OCT 2018

FAR 52.204-18

COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

AUG 2020

FAR 52.204-19

INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

DEC 2014

FAR 52.212-4

CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

OCT 2018

FAR 52.222-20

CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT

JUN 2020

FAR 52.232-39

UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS

JUN 2013

FAR 52.247-35

F.O.B DESTINATION, WITHIN CONSIGNEE’S PREMISES

APR 1984

HHSAR 352.222–70

CONTRACTOR COOPERATION IN

EQUAL EMPLOYMENT OPPORTUNITY

INVESTIGATIONS

DEC 2015

HHSAR 352.227-70

PUBLICATIONS AND PUBLICITY

DEC 2015

HHSAR 352.237-74

NON-DISCRIMINATION IN SERVICE DELIVERY

DEC 2015

SOLICITATION PROVISONS AND CLAUSES:

FAR 52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must:

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation.

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number.

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

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 this/these address(es):http://www.acquisition.gov/far/ and/or http://www.hhs.gov/policies/hhsar/.

PROVISION NO.

TITLE

DATE

FAR 52.203-18

PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS-REPRESENTATION

JAN 2017

FAR 52.204-7

SYSTEM FOR AWARD MANAGEMENT

OCT 2018

FAR 52.204-16

COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

AUG 2020

FAR 52.204-17

OWNERSHIP OR CONTROL OF OFFEROR

AUG 2020

FAR 52.204-20

PREDECESSOR OF OFFEROR

AUG 2020

FAR 52.204-22

ALTERNATIVE LINE ITEM PROPOSAL

JAN 2017

FAR 52.204-24

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

OCT 2020

FAR 52.204-26

COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION

OCT 2020

FAR 52.209-2

PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS – REPRESENTATION

NOV 2015

FAR 52.209-11

REPRESENTATION BY CORPORATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW

FEB 2016

FAR 52.212-1

INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS

JUN 2020

FAR 52.212-2

EVALUATION COMMERCIAL ITEMS

OCT 2014

FAR 52.212-3

OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS

FEB 2021

FAR 52.212-4

CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS

OCT 2018

FAR 52.212-5

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS---COMMERCIAL ITEMS

JAN 2021

FAR 52.214-21

DESCRIPTIVE LITERATURE

APR 2002

FAR 52.223-22

PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND REDUCTION GOALS – REPRESENTATION

DEC 2016

HHSAR 352.222 -70

CONTRACTOR COOPERATION IN EQUAL EMPLOYMENT

OPPORTUNITY INVESTIGATIONS

DEC 2015

HHSAR 352.224 -71

CONFIDENTIAL INFORMATION

DEC 2015

The following additional FAR clauses cited in this clause are applicable:

(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:

52.203-6          Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402)

52.203-13        Contractor Code of Business Ethics and Conduct (JUNE 2020) (41 U.S.C. 3509) 

52.204-10        Reporting Executive Compensation and First Tier Subcontract Awards
(JUNE 2020) (Pub.L. 109-282) (31 U.S.C. 6101 note).

52.204-24        Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (OCT 2020)

52.209-6          Protecting the Government' Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUNE 2020) (31 U.S.C. 6101 note).

52.219-4          Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).  

52.219-28        Post Award Small Business Program Representation (NOV 2020) (15 U.S.C.  632(a) (2)).

52.222-3          Convict Labor (JUN 2003) (E.O. 11755).

52.222-19        Child Labor Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

52.222-21        Prohibition of Segregated Facilities (APR 2015)

52.222-26        Equal Opportunity (SEPT 2016) (E.O. 11246).

52.222-35        Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

52.222-36        Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). 

52.222-37        Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

52.222-40        Notification of Employee Rights Under the National Labor Relations Act
(DEC 2010) (E.O. 13496)

52.223-18        Encouraging Contractor Policies to Ban Text Messaging while Driving
(JUN 2020) (E.O. 13513).

52.225-3          Buy American—Free Trade Agreements-Israeli Trade Act. (JAN 2021)

52.225-5          Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

52.225-13        Restrictions on Certain Foreign Purchase (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

52.232-33        Payment by Electronic Funds Transfer - System for Award Management (OCT 2018) (31 U.S.C. 3332).

Submission Information:

This Request for Quotation (RFQ) does not commit the Government to pay any cost for preparation and submission of a quote. In addition, the Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with this proposed acquisition. By submitting a quote in response to this solicitation, it is understood that your firm’s quote shall become a part of the official contract file.

Quotes must stipulate that it is predicated upon all the terms and conditions of this RFQ and signed by an official authorized to bind your organization. In addition, it must contain a statement to the effect that it is firm for a period of at least 60 days from the date of receipt thereof by the Government.

Quotes must be submitted by returning a completed copy of the attached SF-1449 with FAR 52.204-26 Certification, and a completed FAR 52.212-3 Offeror Representations and Certifications-Commercial Items-with DUNS Number Addendum, signed by an authorized representative of the offeror OR provide a copy of valid certification in the System for Award Management (SAM) at www.sam.gov. 

Quote must contain all information necessary to allow for a comprehensive evaluation of the prices quoted. Specifically, quotes must include the following:

• Federal Tax Identification Number (TIN);
• Data Universal Numbering System (DUNS) Number;
• Business Size (e.g., small or large)

Questions must be submitted electronically (via email) to Contracting Officer, Miguel Diaz, at [email protected] in MS Word or Adobe Portable Document Format (PDF), no later than 12:00 PM EST, on Friday, July 16, 2021.

Proposals must be submitted electronically (via email) to Contracting Officer, Miguel Diaz, at [email protected] in MS Word or Adobe Portable Document Format (PDF), no later than 12:00 PM EST, on Monday, July 23, 2021. All responses must be received by the specified due date and time in order to be considered. PROPOSALS RECEIVED AFTER THIS DATE AND TIME WILL NOT BE CONSIDERED. No collect calls will be accepted.

Please refer to solicitation no: 75N91021Q00053 on all correspondence.

Basis for Award:

Award will be made to the responsible firm submitting the Lowest Price Technically Acceptable (LPTA) quotation which meets or exceeds the acceptability standards for the requirements/technical specifications stated above. Award will be made on all or none basis. A technically acceptable offer is one in which the Offeror complies with the requirements/technical specifications stated above, and does not take exception, nor object to any of the terms contained in this request. Offers that are not technically acceptable will not be considered further. The technical evaluation will be a determination based on information furnished by the Contractor. The Government is not responsible for locating or securing any information which is not identified in the proposal. Evaluation and award will be conducted in accordance with the requirements of FAR 13.106. The technical evaluation will be a determination based on information furnished by the quoter. The Government is not responsible for locating or securing any information which is not identified in the quotation. The Government intends to evaluate quotations and make a single award. Quotations should contain the quoter’s best terms from a price and technical standpoint.

The Government reserves the right to make an award without discussions. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. If you are providing an “equal” product, you must submit additional documentation that highlights and describes how your offering is equal in accordance with FAR 52.211-6.