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NON-COMPETITIVE COMBINED SYNOPSIS / SOLICITATION Title: Service contract for two Live Cell Analysis Systems in NCATS ETB Biology laboratory. (i) This is a combined synopsis/solicitation for commercial... NON-COMPETITIVE COMBINED SYNOPSIS / SOLICITATION Title: Service contract for two Live Cell Analysis Systems in NCATS ETB Biology laboratory. (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (ii) The solicitation number is 75N95023Q00132 and the solicitation is issued as a request for quotation (RFQ). This acquisition is for a commercial item or service and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13—Simplified Acquisition Procedures; and FAR Part 12—Acquisition of Commercial Items, and is not expected to exceed the simplified acquisition threshold. THIS IS A NON-COMPETITIVE (NOTICE OF INTENT) COMBINED SYNOPSIS SOLICITATION TO AWARD A CONTRACT OR PURCHASE ORDER WITHOUT PROVIDING FOR FULL OR OPEN COMPETITION (INCLUDING BRAND-NAME). The National Institute on Drug Abuse (NIDA), Office of Acquisition (OA), on behalf of the National Center for Advancing Translational Sciences (NCATS), intends to negotiate and award a purchase order without providing for full and open competition (including brand-name) to Sartorius Corporation, 565 Johnson AVE., Bohemia, New York, 11716 for service and maintenance agreement for two live cell analysis instruments (Incucyte Zoom systems IC70038 & IC70039. This acquisition is conducted as non-competitive for a commercial item or service and is conducted pursuant to FAR 13.106-1(b)(1). The rationale for the sole source justification is: Sartorius, as the authorized provider of the live cell analysis systems, Incucyte Zoom systems (IC70038 & IC70039), is the only contractor 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. (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) Number 2023-01, with effective date 12/30/2022. (iv) The associated NAICS code 811210 and the small business size standard $34M. This requirement is not set aside. (v) This requirement is for the following services: Independently and not as an agent of the Government, the Contractor shall furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government as needed to perform the following. 12-month Service contract for two Live Cell Analysis Systems in NCATS ETB Biology laboratory to include the following: Preventative maintenance: Contractor shall perform one (1) preventive maintenance inspection during the contract period. A factory trained Field Service representative shall perform service. Service shall consist of, but not limited to, inspection, examination of all functioning parts, thorough cleaning, proper lubrication, replacement, or repair of worn or unserviceable parts, adjustment and calibration made with the expressed intent of maintaining the instrument to the manufacturer’s original specifications. When necessary, this includes complete dismantling, parts replacement, reassembly, and thorough testing and adjusting. Emergency service: Contractor shall provide emergency repair service on an unlimited basis during the term of this contract at no additional cost to the Government between 8:00 am and 5:00 pm Monday through Friday excluding weekends and Federal holidays. Upon receipt of notice, either lab managers or PI will initiate (notice) that any part of the equipment is not functioning properly, the Contractor shall furnish a 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. Replacement parts: The contractor shall furnish all required replacement parts at no additional cost to the Government, except for consumable parts. Parts shall be new or remanufactured to original equipment specifications. 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 subject to a separate purchase order. LEVEL OF EFFORT: Only authorized and factory certified technicians will provide service. GOVERNMENT RESPONSIBILITIES Government shall provide contractor access to NCATS facilities: 9800 Medical Center Dr-Bldg. B-Rm 1003, Rockville MD 20850. Access will be restricted during federal holidays and outside of business hours. DELIVERY OR DELIVERABLES Contractor is responsible for providing the evaluation and repairs, including labor, travel, parts, and materials as required. NCATS ETB is requesting a service contract to cover two (2) Incucyte Zoom systems currently in used in the laboratory. The incucytes 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. Incucyte 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. Incucyte 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 goal of the contract 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. (vii) The Government anticipates award of a firm fixed-price purchase order for this acquisition, and the anticipated period of performance shall include one 12-month base period as follows: Base Period: 03/21/23 - 03/20/24 (viii) The provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998), applies to this acquisition. 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 these addresses: https://www.acquisition.gov/browse/index/far https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html (End of provision) The following provisions apply to this acquisition and are incorporated by reference: FAR 52.204-7, System for Award Management (Oct 2018) FAR 52.204-16, Commercial and Government Entity Code Reporting (Aug 2020) FAR 52.212-1, Instructions to Offerors-Commercial Items (Nov 2021) FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (May 2022) FAR 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification (May 2014) FAR 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification (May 2014) HHSAR 352.239-73, Electronic and Information Technology Accessibility Notice (December 18, 2015) The clause at FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998), applies to this acquisition. 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 these addresses: https://www.acquisition.gov/browse/index/far https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html (End of clause) The following clauses apply to this acquisition and are incorporated by reference: FAR 52.204-13, System for Award Management Maintenance (Oct 2018) FAR 52.204-18, Commercial and Government Entity Code Maintenance (Aug 2020) FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Nov 2021). Addendum to this FAR clause applies to this acquisition and is attached. HHSAR 352.222-70, Contractor Cooperation in Equal Employment Opportunity Investigations (December 18, 2015) FAR 52.222-41, Service Contract Labor Standards (Aug 2018) HHSAR 352.222-70, Contractor Cooperation in Equal Employment Opportunity Investigations (December 18, 2015) HHSAR 352.239-74, Electronic and Information Technology Accessibility (December 18, 2015) The following provisions and clauses apply to this acquisition and are attached in full text. Offerors MUST complete the provisions at 52.204-24 and 52.204-26 and submit completed copies as separate documents with their proposal. FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2022) NIH Invoice and Payment Provisions (Feb 2021) (ix) The provision at FAR clause 52.212-2, Evaluation-Commercial Items (Nov 2021), applies to this acquisition. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance. Technical and past performance, when combined, are significantly more important than cost or price. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (x) The Offerors to include a completed copy of the provision at FAR clause 52.212-3, Offeror Representations and Certifications-Commercial Items (Nov 2021), with its offer. If the offeror has completed FAR clause 52.212-3 at www.sam.gov, then the offeror does not need to provide a completed copy with its offer. (xi) The clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Nov 2021), applies to this acquisition. Addendum to this FAR clause applies to this acquisition and is attached. (xii) There are no additional contract requirement(s) or terms and conditions applicable to this acquisition (xiii) The Defense Priorities and Allocations System (DPAS) are not applicable to this requirement. (xiv) Responses to this solicitation must include sufficient information to establish the interested parties’ bona-fide capabilities of providing the product or service. The price quote shall include: unit price, list price, shipping and handling costs, delivery days after contract award, delivery terms, prompt payment discount terms, F.O.B. Point (Destination or Origin), product or catalog number(s), product description, and any other information or factors that may be considered in the award decision. Such factors may include: past performance, special features required for effective program performance, trade-in considerations, probable life of the item selected as compared with that of a comparable item, warranty considerations, maintenance availability, and environmental and energy efficiency considerations. Responses to this solicitation must include clear and convincing evidence of the offeror’s capability of fulfilling the requirement as it relates to the technical evaluation criteria. The price proposal must include the labor categories, an estimate of the number of hours required for each labor category, fully loaded fixed hourly rate or each labor category, breakdown and rationale for other direct costs or materials, and the total amount. The Unique Entity ID from SAM.gov, the Taxpayer Identification Number (TIN), and the certification of business size must be included in the response. All offerors must have an active registration in the System for Award Management (SAM) www.sam.gov. All quotations must be received by 1:00 p.m., Eastern Standard Time, on March 13, 2023, and reference Solicitation Number 75N95023Q00132. Responses must be submitted electronically to Samson Shifaraw, Contract Specialist, at samson.shifaraw@nih.gov.