Document Title: Service contract for BD FACSCanto II Flow Cytometry Cell Analyzer
Document Type: Pre-solicitation Notice
Solicitation Number: 75N91019R00006

Posted Date: 12/12/2018
Response Date: 12/27/2018 2:00 PM ET
Classification Code: J066 - Maintenance, Repair of Instruments and Lab Equipment
NAICS Code: 811219- Electronic and Precision Equipment Repair and Maintenance

Contracting Office Address

Department of Health and Human Services, National Institutes of Health, National Cancer Institute, Office of Acquisitions, 9609 Medical Center Drive, Room 1E144, Rockville, MD 20850, UNITED STATES

Description

The National Cancer Institute (NCI), Center for Cancer Research (CCR), plans to procure preventive maintenance services for a BD FACSCanto II Flow Cytometry Cell Analyzer with three lasers and one Computer Workstation on a sole source basis from Becton, Dickinson Company, 2350 Qume Drive, San Jose, CA 95131.

This acquisition will be processed under FAR Part 12 - Acquisition for Commercial Items and will be made pursuant to the authority in FAR 13.106-1 (b)(2) and 13.501-(a)(1) using simplified acquisition procedures for commercial acquisitions. The North American Industry Classification System code is 811219 and the business size standard is $20.5 Million.

Only one award will be made as result of this solicitation. This will be awarded as a firm fixed price type contract.

It has been determined there are no opportunities to acquire green products or services for this procurement.

BD Biosciences is the only vendor that has Field Service Engineers specifically trained to perform preventative maintenance, instrument repairs and software upgrades on the BD FACSCanto II Flow Cytometry Cell Analyzer, with three lasers and one Computer Workstation using the required proprietary replacement parts or computer software. No other vendors currently provide this service for the BD FACSCanto II Flow Cytometry Cell Analyzer. This makes BD Biosciences the only available source for this service contract.

1.0 SCOPE

The Contractor shall provide all labor, material and equipment necessary to maintain and provide preventive maintenance for the following two (2) Government-owned flow cytometry systems. All maintenance services shall be performed on-site in accordance with the manufacturer's standard commercial maintenance practices.

1.1 Becton Dickinson FACSARIA II Special Order 6-Laser System, SN P69500128 (including Becton-Dickinson factory configured FACStation WINDOWS computer workstation that is an integral component and controls instrument operation and data acquisition, and including ALL integrated lasers below):

• BD Laser Component of SN P69500128, Sapphire 488-50 Blue Laser SN 5363
• BD Laser Component of SN P69500128, 640-40 Red Laser SN 5364
• BD Laser Component of SN P69500128, 594-200 Yellow Laser SN 5369
• BD Laser Component of SN P69500128, 405-100 Violet Laser SN 5368
• BD Laser Component of SN P69500128, UV 100mW Laser, SN 5370
• BD Laser Component of SN P69500128, 561-100 Lt Grn Laser, SN 5371

1.2 Becton Dickinson LSRFortessa Special Order 5-Laser Flow Cytometry System, SN H64779500002 (including Becton Dickinson factory configured FACStation WINDOWS computer workstation that is an integral component and controls instrument operation and data acquisition, and including ALL integrated lasers below):

• BD Laser Component of SN H64779500002, Violet 405-100 SN6678
• BD Laser Component of SN H64779500002, Yellow laser 592nm-200mW, SN 6677
• BD SAPPHIRE Laser component of SN H64779500002, 488-100 Blue Laser, SN 6675
• BD Laser Component of SN H64779500002, COHR Cube 640-100 Red Laser, SN 6676
• BD Laser Component of SN H64779500002, Compass 561-100 Lt. Green, SN 6679

2.0 TYPE OF ORDER

This is a firm fixed-price purchase order.

3.0 SPECIAL ORDER REQUIREMENTS

3.1 PREVENTIVE MAINTENANCE

The Contractor shall perform two (2) planned preventive maintenance services during the 12-month contract period. Technically qualified OEM factory-trained field engineers with access to OEM parts 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. Service shall include parts and installation of the manufacturers' preventive maintenance parts kit. 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. Any defective components noted during the preventive maintenance inspection shall be replaced as necessary to assure optimum and efficient performance.

3.2 EMERGENCY SERVICE

The contractor shall deliver unlimited, OEM-approved emergency repair services for all equipment specified under SCOPE during the performance period of this maintenance services contract. All repairs shall be completed to OEM standards at no additional cost to the government. Emergency service shall be provided during normal working hours, Monday through Friday excluding Federal Holidays. All labor and travel shall be included.

Upon receipt of notice that any part of the equipment is not functioning properly the Contractor shall within forty-eight (48) hours furnish on site (NIH, Bethesda MD) 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 scheduled Preventive Maintenance Inspections. The contractor shall have primary dispatch control of the field engineers who perform maintenance services under this contract, and dispatch of field engineers under this contract shall be set to a higher priority than billable calls. Due to the complexity of the instrumentation, repairs may necessitate multiple engineers, multiple visits, and/or shipment and installation of multiple OEM parts and components to identify the exact nature of a problem. Such troubleshooting services shall be provided by OEM trained personnel without requirement for additional purchase orders from the Government. In the case of an emergency in which the instrument is completely non-functional, the contractor shall provide same day communication access to on site (NIH) OEM field engineers for diagnosis and possible same day repair. At the discretion of the field engineer, delivery of services under this contract may continue after 5pm. Such overtime work shall be considered covered under this contract, and the government shall not be responsible for any additional labor charges.

All primary service personnel shall have at least one backup Field Service Engineer with at least the same level of expertise on the equipment covered by this purchase order.

3.3 REPLACEMENT PARTS

The Contractor shall furnish all required replacement parts and OEM upgraded components at no additional cost to the Government, with the exception of consumable parts to include batteries and glassware. Parts shall be new or remanufactured to OEM specifications. When necessary for emergency repairs, the Contractor shall ship in stock parts and components via overnight delivery. If telephone consultation with factory trained Field Service Engineers identifies a spare part necessary for emergency repair, the Contractor shall provide immediate shipment for overnight delivery for next day installation by qualified OEM trained Field Service Engineers. All spare parts installed shall be OEM factory configured to be compatible with existing OEM software and with existing hardware. The Contractor shall maintain an OEM spare parts inventory.

3.4 TELEPHONE SERVICE

The Contractor shall maintain, and deliver unlimited access to, a technical helpdesk providing telephone support for the purpose of troubleshooting technical problems, software issues and applications assistance and for dispatching Field Service Engineers and/or parts as necessary. Telephone support shall include expert technical advice from OEM factory-trained engineers.

Telephone support shall be provided immediately and directly without any requirement for issuance of additional purchase orders. The telephone support services shall be available from 8:00 AM to 5:00 PM EST, Monday through Friday, excluding Federal Holidays found at: https://www.opm.gov/policy-data-oversight/snow-dismissal- procedures/federal-holidays/.

3.5 SOFTWARE UPDATES/SERVICE

The Contractor shall provide Software Service in accordance with the OEM'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 perform timely installation of all OEM software revisions and OEM component revisions, as well as re-installation of existing software and operating systems as required to repair instrumentation according to OEM standards. The Contractor shall receive advance approval for installation of all software updates and revisions from the Government. Defective software shall be replaced at no additional cost to the Government. Additionally, the re-installation of software and/or operating systems shall be completed at no additional cost to the Government.

3.6 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.

3.7 PERIOD OF PERFORMANCE

The base period of performance shall be for twelve (12) months from 02/01/2019 through 01/31/2020 plus four option years as follows:

February 1, 2020 - January 31, 2021
February 1, 2021 - January 31, 2022
February 1, 2022 - January 31, 2023
February 1, 2023 - January 31, 2024

3.8 PERSONNEL QUALIFICATIONS

Technically qualified factory-trained personnel shall perform service to:

3.8.1 Becton Dickinson FACSARIA II Special Order 6-Laser System, SN P69500128 (including Becton-Dickinson factory configured FACStation WINDOWS computer workstation that is an integral component and controls instrument operation and data acquisition, and including ALL integrated lasers below):

• BD Laser Component of SN P69500128, Sapphire 488-50 Blue Laser SN 5363
• BD Laser Component of SN P69500128, 640-40 Red Laser SN 5364
• BD Laser Component of SN P69500128, 594-200 Yellow Laser SN 5369
• BD Laser Component of SN P69500128, 405-100 Violet Laser SN 5368
• BD Laser Component of SN P69500128, UV 100mW Laser, SN 5370
• BD Laser Component of SN P69500128, 561-100 Lt Grn Laser, SN 5371

The above system is located in Bld. 10, Room 6B16, NIH, 9000 Rockville Pike, Bethesda, MD 20892.

3.8.2 Becton Dickinson LSRFortessa Special Order 5-Laser Flow Cytometry System, SN H64779500002 (including Becton Dickinson factory configured FACStation WINDOWS computer workstation that is an integral component and controls instrument operation and data acquisition, and including ALL integrated lasers below):

• BD Laser Component of SN H64779500002, Violet 405-100 SN6678
• BD Laser Component of SN H64779500002, Yellow laser 592nm-200mW, SN 6677
• BD SAPPHIRE Laser component of SN H64779500002, 488-100 Blue Laser, SN 6675
• BD Laser Component of SN H64779500002, COHR Cube 640-100 Red Laser, SN 6676
• BD Laser Component of SN H64779500002, Compass 561-100 Lt. Green, SN 6679

All primary service personnel shall have at least one backup support person with at least the same level of expertise on the equipment covered by this contract.

The above system is located in Bld. 10, Room 6B-13, NIH, 9000 Rockville Pike, Bethesda, MD 20892.

4.0 PLACE OF PERFORMANCE

Onsite services shall be performed at the following location:

NIH, NCI,
10 Center Dr
Building 10, Room 6B16(FACSARIA II) and 6B13 (LSRFortessa)
Bethesda, MD 20892

5.0 PAYMENT

Payment shall be made quarterly in arrears. Payment authorization requires submission and approval of invoices to the COR and NIH OFM, in accordance with the 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 (JUL 2013) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow:

I INVOICE REQUIREMENTS

A. An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR 32.9. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.) Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor.

1. Vendor/Contractor: Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact).
2. Remit-to address (Name and complete mailing address to send payment).
3. Remittance name must match exactly with name on original order/contract. If the Remittance name differs from the Legal Business Name, then both names must appear on the invoice.
4. Invoice date.
5. Unique invoice #s for all invoices per vendor regardless of site.
6. NBS document number formats must be included for awards created in the NBS: Contract Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number.
7. Data Universal Numbering System (DUNS) or DUNS + 4 as registered in the Central Contractor Registration (CCR).
8. Federal Taxpayer Identification Number (TIN). In those exceptional cases where a contractor does not have a DUNS number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor's name on the face page of the award document.
9. Identify that payment is to be made using a three-way match.
10. Description of supplies/services that match the description on the award, by line billed.*
11. Freight or delivery charge must be billed as shown on the award. If it is included in the item price do not bill it separately. If identified in the award as a separate line item, it must be billed separately.
12. Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered or services performed, as applicable, and that match the line items specified in the award.*

* NOTE: If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice. A modification to the order or contract may be needed before the invoice can be submitted and paid.

B. Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized. Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt.

C. Mail an original and 1 copy of the itemized invoice to:

National Institutes of Health
Office of Financial Management, Commercial Accounts
2115 East Jefferson Street, Room 4B-432, MSC 8500
Bethesda, MD 20892-8500

For inquiries regarding payment call: (301) 496-6088

In order to facilitate the prompt payment of invoices, it is recommended that the vendor submit a photocopy of the invoice to the "Consignee" designated for the acquisition in blocks 6A - 6E of the face page of the Order/Award document.

II. INVOICE PAYMENT

A. Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events:

1. The 30th day after the designated billing office has received a proper invoice.
2. The 30th day after Government acceptance of supplies delivered or services
performed.

B. The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended.

III. INTEREST PENALTIES

A. An interest penalty shall be paid automatically, if payment is not made by the due date and the conditions listed below are met, if applicable.
1. A proper invoice was received by the designated billing office.
2. A receiving report or other Government documentation authorizing payment was
processed and there was no disagreement over quantity, quality, or contractor
compliance with a term or condition.
3. In the case of a final invoice for any balance of funds due the contractor for supplies
delivered or services performed, the amount was not subject to further settlement
actions between the Government and the Contractor.

B. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget.
IV. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS
SUBCONTRACTORS, FAR 52.232-40 (DEC 2013)

a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.
b) The acceleration of payments under this clause does not provide any new rights under the prompt Payment Act.

Include the substance of this clause, include this paragraph c, in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

This notice is not a request for competitive quotation. However, if any interested party, especially a small business believes it can meet the above requirement, it may submit a proposal or quote for the Government to consider. The response and any other information furnished must be in writing and must contain material in sufficient detail to allow NCI to determine if the party can perform the requirement. Responses must be received in the contracting office by 2:00 PM ET, on December 27, 2018. All responses and questions must be via email to William Neal, Contracting Officer at [email protected]. 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. In order to receive an award, contractors must be registered and have valid certification through SAM.GOV and have Representations and Certifications filled out. Reference: 75N91019R00006 on all correspondence.