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PRE-SOLICITATION NOTICE OF INTENT NON-COMPETITIVE SOLICITATION NUMBER 75N95022Q00092 TITLE Service and maintenance agreement for two live cell analysis instruments (Incucyte Zoom systems IC70038 & IC7... PRE-SOLICITATION NOTICE OF INTENT NON-COMPETITIVE SOLICITATION NUMBER 75N95022Q00092 TITLE Service and maintenance agreement for two live cell analysis instruments (Incucyte Zoom systems IC70038 & IC70039) for the National Center for Translational Sciences (NCATS) CLASSIFICATION CODE J066 Maintenance and Repair of Instruments and Laboratory Equipment NAICS CODE 811219 Other Electronic and Precision Equipment Repair and Maintenance RESPONSE DATE February 8, 2022 PRIMARY POINT OF CONTACT Nick Niefeld Contract Specialist nick.niefeld@nih.gov (301) 827-2094 DESCRIPTION THIS IS A PRE-SOLICITATION NON-COMPETITIVE (NOTICE OF INTENT) SYNOPSIS TO AWARD A CONTRACT WITHOUT PROVIDING FOR FULL OR OPEN COMPETITION (INCLUDING BRAND-NAME). On behalf of the National Center for Advancing Translational Sciences (NCATS), the National Institute on Drug Abuse (NIDA) Office of Acquisition (OA) intends to negotiate on a sole source basis with Sartorius to provide a service and maintenance agreement for an existing Government-owned Sartorius live cell analysis systems, Incucyte Zoom systems (IC70038 & IC70039). NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE and SET ASIDE STATUS The intended procurement is classified under NAICS code 811219 Other Electronic and Precision Equipment Repair and Maintenance with a Size Standard of $22M. This acquisition is NOT set aside for small businesses, but rather is a sole-source acquisition to Sartorius. REGULATORY AUTHORITY This acquisition is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13—Simplified Acquisition Procedures. Contracts awarded using FAR Part 13—Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6—Competition Requirements. FAR Subpart 13.106-1 (b) Soliciting from a single source provides that: For purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source IF the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name OR industrial mobilization). The resultant contract will include all applicable provisions and clauses in effect through the Federal Acquisition Circular (FAC) 2022-02 dated January 14, 2022. DESCRIPTION OF REQUIREMENT BACKGROUND, PURPOSE AND OBJECTIVES The National Center for Advancing Translational Sciences (NCATS) is a part of the National Institutes of Health (NIH), which mission it is to catalyze the generation of innovative methods and technologies that will enhance the development, testing and implementation of diagnostics and therapeutics across a wide range of human diseases and conditions. The Early Translation Branch (ETB), formerly known as the NCATS Chemical Genomics Center (NCGC), and originally the NIH Chemical Genomics Center, was created in 2008 as a comprehensive screening center in the Molecular Libraries Probe Production Centers Network, part of the NIH Common Fund’s Molecular Libraries Program. The original goals of the ETB were to translate the discoveries of the Human Genome Project into biology and disease insights and ultimately new therapeutics through small molecule assay development, high-throughput screening, informatics, and chemistry. ETB is requesting a service agreement to cover two (2) Incucyte Zoom systems currently in used in the laboratory. The Incucyte Zoom systems are used to do real time phase contrast and fluorescence-based microscopic live cell imaging from within an existing, standard tissue culture incubator. The instruments are used to produce real-time kinetic information of cellular events such as cell proliferation, apoptosis, migration and invasion, neurite growth, and gene expression. ETB uses cultured mammalian cells extensively to model diseases and toxicities. Sartorius manufactures the ZOOM™, a microscope that fits inside a cell culture incubator, and monitors cell growth, capturing and analyzing photos of cells in multiwell plates. The instruments are also used to monitor cell growth and toxicity during growth of cultured mammalian cells in incubators. Sartorius manufactures the ZOOM™, the only microscope that fits inside a cell culture incubator, and monitors cell growth, capturing and analyzing photos of cells in multiwell plates. Among many other projects, these instruments are used for monitoring the long-term effects of epigenetic inhibitors or other targets expected to effect growth changes in a delayed fashion, or over a long-time course. The agreement is to ensure instrumentations remain operational and perform in accordance with its original equipment manufacturers operational specifications. Contractor shall provide all labor, material, and equipment for preventative maintenance. ANTICIPATED PERIOD OF PERFORMANCE The anticipated period of performance is one year from date of award. effective at time of award PLACE OF PERFORMANCE NCATS 9800 Medical Center Dr Building B, Room 201 Rockville, MD 20850 CONTRACT TYPE A firm-fixed price type contract is planned for this acquisition, consistent with commercial practices. CONTRACTING WITHOUT PROVIDING FOR FULL OR OPEN COMPETITION (INCLUDING BRAND-NAME) DETERMINATION The determination by the Government to award a contract without providing for full and open competition is based upon the market research conducted. Specifically, Sartorius is the only vendor in the marketplace that can provide the products required by the NCATS. Sartorius, as the authorized provider of the live cell analysis systems, Incucyte Zoom systems (IC70038 & IC70039), is the only cntractor authorized and capable of providing the necessary repair and support services on the live cell analysis systems, Incucyte Zoom systems (IC70038 & IC70039) because the equipment is proprietary. Sartorius is the only source for factory trained and certified technicians to provide these services and to maintain and service the equipment. Only Sartorius is capable of providing the support services because the equipment is proprietary to this company, the original equipment manufacturer (OEM). Sartorius does not authorize any other contractors to perform this work. Use of any other contractor would jeopardize system functionality by risking hardware and software standards. This is turn would jeopardize the NCATS ongoing research studies which would be unacceptable for continuity of science. Accordingly, Sartorius is the only contractor capable of meeting the needs of this requirement. Furthermore, use of any other contractor for the system would void equipment warranties and jeopardize system integrity and functionality. Only an OEM-authorized service provider has access to the latest services and support information. Replacement parts or accessories must be compatible with the existing equipment, and only Sartorius can certify compatibility. An OEM-authorized service provider is the only source with direct access to these parts and labor. Sartorius is the only source authorized by the OEM to provide the parts, supplies, and services for this equipment. Because of the significant investment by NCATS in the purchase of this equipment, using an OEM-Authorized Service Provider is essential for maintaining the integrity of the system. The intended source is: Company Name: Sartorius Corporation Address: 565 Johnson AVE Bohemia, New York, 11716 DUNS: 060139623 CLOSING STATEMENT This Notice of Intent to Award on a Sole-Source Basis is not a request for competitive proposals. However, interested parties may identify their interest and capability to respond to this notice. A determination by the Government not to compete this proposed contract based upon responses to this notice is solely within the discretion of the Government. All responsible sources may submit a capability statement, proposal, or quotation which shall be considered by the agency. The information received will normally be considered solely for the purposes of determining whether to proceed on a non-competitive basis or to conduct a competitive procurement. Responses to this notice shall contain sufficient information to establish the interested parties' bona-fide capabilities for fulfilling the requirement and include: unit price, list price, shipping and handling costs, the delivery period after contract award, the prompt payment discount terms, the F.O.B. Point (Destination or Origin), the Dun & Bradstreet Number (DUNS), the Taxpayer Identification Number (TIN), and the certification of business size. All offerors must have an active registration in the System for Award Management (SAM) www.sam.gov. All responses must provide evidence that they can provide the services that meets all of the requirements in this announcement. All responses must be received by the closing date and time of this announcement and must reference the solicitation number, 75N95022Q00092. Responses must be submitted electronically to Nick Niefeld, Contract Specialist, at nick.niefeld@nih.gov. U.S. Mail and fax responses will not be accepted.