Notice of Intent to Sole Source -Maintenance Service Contract for Various Government-Owned BD Flow Cytometer Equipment   2

The Department of Health and Human Services (HHS), National Institutes of Health (NIH), National Cancer Institute (NCI), Center for Cancer Research (CCR) plans to procure, on a sole source basis, equipment maintenance services for various models of BD Bioscience devices from:

BD Biosciences
2350 Qume Drive
San Jose, CA 95131-1812

The response close date of the notice for this requirement is in accordance with FAR 5.203(b). This acquisition will be processed under FAR Part 12 Acquisition for Commercial Items and will be made pursuant to the authority in FAR Part 13.501(a) and is exempt from the requirements of FAR Part 6. The North American Industry Classification System code is 811210 (Other Electronic Equipment Repair and Maintenance) and the business size standard is $34.0 Million.

To NCI's knowledge BD Biosciences is the sole manufacturer and service provider for the FACSymphony A5, FACSymphony A3, FACSymphony S6, LSR Fortessa, LSR Fortessa X- 20, FACSAria, and FACSCanto. BD Biosciences does not authorize third-party service providers, or resellers for individual system parts or compenents, and as such BD Biosciences is the only source for factory-trained and certified technicians with access to proprietary parts, system schematics, software, and system configurations required to maintain all the equipment properly, while also ensuring systems remain scientifically accurate. As the only direct service
provider, BD Biosciences has the ability to provide an on-site service response times of 48 hours, as well as unlimited replacement parts at no additional cost to the Government, both of which are critical for reducing instrument downtimes and mitigating potential risk to the Government, such as the loss of analytical data from expensive and often irreplaceable experimental samples not being processed in a timely manner.

Furthermore, many of the instruments covered by this acquisition are newer systems that are highly configurable or are systems that have been customized specifically for NCI by BD to meet specific scientific needs. Since instruments are configurable utilizing only BD parts, it is essential that warranties for new parts do not conflict with service contracts for the covered equipment. Services provided by any other vendor would cause conflicts in service coverages, and potentially void any applicable warranties for the system or added parts. Since BD does not authorize third-party service providers, no other vendor can provide such coverage as to no conflict upgraded parts.

This notice is not a request for competitive quotations. However, if any interested party, especially a small business, believes it can meet the Government's needs, it may submit a capability statement, proposal, or quote for the Government to consider. The response and any other information furnished must be in writing and must contain sufficient details to allow NCI to determine if the party can perform the requirement. Responses to this notice shall be submitted via email to Contract Specialist, John Russell, at John.Russell3@nih.govno later than 10:00 A.M. EST on Friday, April 12, 2024 (04/12/24). 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 for the purpose of determining whether to conduct a competitive procurement. The Government reserves the right to use the information provided by respondents for any purpose deemed necessary and legally appropriate. Contractors must be registered and have valid certification through SAM.GOV. Please reference the notice number (75N91024Q00071) on all correspondence.

***Please reference attached documents for more details pertaining to the nature of the work to be performed. ***