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NON-COMPETITIVE COMBINED SYNOPSIS / SOLICITATION Title: Sartorious Cell by Cell Analysis Software (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the form... NON-COMPETITIVE COMBINED SYNOPSIS / SOLICITATION Title: Sartorious Cell by Cell Analysis Software (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 75N95023Q00656 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 Firm Fixed Priced contract without providing for full and open competition (including brand-name) to Sartorius Corporation, 565 Johnson Avenue 11716, Bohemia, NY 2204 for Cell-by-Cell Analysis software feature for two Incucytes. 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 that Sartorius Corporation is the manufacturer of the instrument, and as such the software provided by Satorious is proprietary and will work seamlessly with the Zoom. Thus, Sartorius is the only vendor available to software services for the Incucyte S3 and Zoom. (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) Number 2023-04-June 2023. (iv) The associated NAICS code 513210 – Software Publishers and the size standard in millions of dollars is $47.0. (v) This requirement is for two Cell-by-Cell Analysis software feature. (vi) The agreement will include depot hardware and software maintenance/support. Background: NCATS ETB is requesting a purchase of a new feature/software to add to its 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. Purpose: The acquisition of a Cell-by-Cell Analysis software feature for two Incucytes used in the NCATS ETB labs Project Requirements: See Attachment 1, Purchase Description (vii) The Government anticipates award of a firm fixed-price contract for this acquisition, for one year of Cell-by-Cell analysis software (two licenses). This is to begin 30 days ARO. (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 (Nov 2021) • 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) • 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 (Dec 2022). Addendum to this FAR clause applies to this acquisition and is attached. • FAR 52.217-9, Option to Extend the Term of the Contract (Mar 2000). • 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 (Jun 2023) • NIH Invoice and Payment Provisions (Mar 2023) (ix) The Government will evaluate quotations or offers in accordance with FAR 13.106-2 and award a purchase order from this solicitation to the responsible offeror whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes: a. Technical capability of the item offered to meet the Government requirement; b. Price; and c. Past performance [see FAR 13.106-2(b)(3)]. (x) The Offerors to include a completed copy of the provision at FAR clause 52.212-3, Offeror Representations and Certifications-Commercial Items (Dec 2022), 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 (Dec 2022), 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. The Unique Entity ID (UEI) 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 offers must be received by 1:00 p.m., EST, September 1, 2023, and reference solicitation number 75N95023Q00656. Responses must be submitted electronically to Michelle Cecilia, Contracting Officer at michelle.cecilia@nih.gov. Fax responses will not be accepted.