Acquisition of an Aquilos 2 Microscope Maintenance Agreement
PRE-SOLICITATION NON-COMPETITIVE (NOTICE OF INTENT) SYNOPSIS INTRODUCTION THIS IS A PRE-SOLICITATION NON-COMPETITIVE (NOTICE OF INTENT) SYNOPSIS TO AWARD A CONTRACT OR PURCHASE ORDER WITHOUT PROVIDING... PRE-SOLICITATION NON-COMPETITIVE (NOTICE OF INTENT) SYNOPSIS INTRODUCTION THIS IS A PRE-SOLICITATION NON-COMPETITIVE (NOTICE OF INTENT) SYNOPSIS TO AWARD A CONTRACT OR PURCHASE ORDER WITHOUT PROVIDING FOR FULL OR OPEN COMPETITION (INCLUDING BRAND-NAME). The National Institutes of Health, Eunice Kennedy Shriver National Institute of Child Health and Human Development (NICHD), Office of Acquisitions (OA) on behalf of the on behalf of the National Institute of Digestive, Diabetes & Kidney Diseases intends to award a purchase order without providing for full and open competition (Including brand-name) to FEI CO for an Aquilos 2 Microscope Maintenance Agreement. . NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE The intended procurement is classified under NAICS code 811219 with a Size Standard of $22.0. REGULATORY AUTHORITY The resultant contract will include all applicable provisions and clauses in effect through the Federal Acquisition Circular 2022-04 Effective January 30, 2022. This acquisition is conducted under the procedures as prescribed in FAR subpart 13—Simplified Acquisition Procedures at an amount not exceeding the simplified acquisition threshold ($250,000). STATUTORY AUTHORITY This acquisition is conducted under the authority of 41 U.S.C. 253(c) under provisions of the statutory authority of FAR Subpart 6.302- FAR 6.302-1—Only one responsible source and no other supplies or services will satisfy agency requirements 41 U.S.C. 253(c)(1). PERIOD OF PERFORMANCE Base Period: 4/1/2022 – 3/31/2023 Option Period One: 4/1/2023 – 3/31/2024 Option Period Two: 4/1/2024 – 3/31/2025 Option Period Three: 4/1/2025 – 3/31/2026 Option Period Four: 4/1/2026 – 3/31/2027 Place of Performance National Institutes of Health National Institute of Digestive, Diabetes & Kidney Diseases 50 South Drive Bethesda, MD 20892 DESCRIPTION OF REQUIREMENT The mission of the National Institute of Diabetes and Digestive and Kidney Diseases (NIDDK) is to conduct and support medical research and research training and to disseminate science-based information on diabetes and other endocrine and metabolic diseases; digestive diseases, nutritional disorders, and obesity; and kidney, urologic, and hematologic diseases, to improve people’s health and quality of life. The NIDDK supports a wide range of medical research through grants to universities and other medical research institutions across the country. The Institute also supports government scientists who conduct basic, translational, and clinical research across a broad spectrum of research topics and serious, chronic diseases and conditions related to the Institute's mission. In addition, the NIDDK supports research training for students and scientists at various stages of their careers and a range of education and outreach programs to bring science-based information to patients and their families, health care professionals, and the public. The Multi Institute Cryo-EM Facility (MICEF) is a collaborative facility maintained by the NIDDK. It serves the scientific communities of National Heart, Lung, and Blood Institute (NHLBI), NIDDK, National Institute of Arthritis and Musculoskeletal and Skin Diseases (NIAMS), and National Institute of Neurological Disorders and Stroke (NINDS). MICEF currently houses an Aquilos 2 microscope that is used for preparing frozen cells and tissue samples for cryo electron tomography, a highly specialized and sensitive process that creates thin layers into the cells that can be used to transfer to a high-resolution transmission electron microscope (like the Krios or Glacios microscope) for cryo tomography. This will lead to detailed 3D characterization of these biological samples. MICEF offers support in planning cryo-electron microscopy (cryo-EM) experiments, sample preparation and imaging, using equipment, and analyzing data. A properly functioning Aquilos 2 microscope is vital to continuing this support. The Aquilos 2 microscope requires a maintenance plan (to include Cryo Lift-out) to keep the microscope functioning properly and providing accurate results. The Aquilos 2 microscope is located in on the NIH Bethesda Main Campus in Building 50. _________________________ PURPOSE AND OBJECTIVES The objective of this request is to purchase a preventative maintenance plan for the Aquilos 2 microscope. SALIENT / REQUIRED FEATURES AND SPECIFICATIONS The Contractor shall provide: Customer Success Manager Quarterly Reviews to discuss system trends and status Customer Enablement Plan Connected Care Portal Annual preventative maintenance service Certified Manufacturer spare parts Ongoing Access to Scientific Workflows app, including automatic updates and upgrades. Technical support via telephone TASKS AREAS Independently, and not as an agent of the Government, the contractor shall perform all of the detailed Task Areas listed below: Task Area 1 – Service Engineer – The Contractor shall provide a qualified service engineer to perform maintenance on the microscope with equipment and parts. Service will be on the units themselves in their current location by qualified service engineer in the presence of MICEF staff. Task Area 2 – Response Time – Upon Government submission of a service request, the Contractor shall respond within 48 hours and send in a service engineer to service/repair the microscope. Task Area 3 – Remote Application Support – The Contractor shall provide remote applications support when needed to tune the instrument to specific samples and solve applications problems when they appear in real time. Task Area 4 – Remote Monitoring – The Contractor shall provide regular remote monitoring of the instrument to provide an overview of the instrument health and use statistics and to provide predictions of imminent instrument failures before they happen. . 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 as prescribed in FAR Part 10—Market Research. Only one source is available: Per FAR 13.106-1(b)(1) the Contracting Officer has determined FEI CO to be the only reasonable available source to provide an Aquilos 2 Microscope Maintenance Agreement. This acquisition was pursued on a sole source basis centered on the vendor having access to proprietary parts and knowledge which limit the amount of downtime for the repair and maintenance of the equipment. The main commercial alternative to a contract with FEI Company is to have a contract with a company which sub-contracts with Thermo Fisher. Although this may seem equivalent since the deliverable appears to be generally the same, there are significant differences in the mode in which the direct contracted and sub-contracted work is performed by Thermo Fisher engineers. Direct contracting flexibly allows Thermo Fisher service engineers to “drop ship” multiple “fix kits” for a given problem to our trained staff and in many cases the engineers are able to remotely coach our staff through the repairs (in some cases trying several of the shipped kits). While this most often leads to a fix without the need of an engineer to physically visit the facility, when this is not accomplished the staff is able to help the engineer refine follow on fix options he/she will perform upon their physical visit to the facility. Such physical visits can occur with higher priority for direct contracted engineers which is important because the Thermo engineer cadre are overburdened with service calls and installations. Due to the need for a 3rd party service organization to neutralize significant conflicts of interest (Thermo engineers are placed in a position to bill their competitor) to control costs and also because there are significant difficulties recreating the “drop ship” and remote coaching approach to instrument repair the subcontractor is not able to cause instrument repair to occur as quickly as the direct contractor can. This downtime ultimately contributes to significant project delays and leads to a material loss (functional instrument time) which cannot be offset by any difference in cost of such a contract because of the extreme nature (multiple user staff over multiple days lose productivity) of knock-on effects of instrument down time. Based on this, 3rd party service providers do not have a level of performance close enough to that provided by the current vendor that they could be called comparable. This difference is not a question of competence or good will just a fundamental issue with the business model of 3rd party providers. In order to ensure the optimal thermal and mechanical stability and perfect optical performance, this microscope requires regular maintenance. ThIs microscope is unique and no other vendor will be able to provide the high level of specified maintenance and/or repairs to keep the microscope functioning at optimum levels. Failure to use Thermo Fisher to service the microscope and its many components may result in voiding any manufacturer warranties on the microscope, delays for software upgrades and repairs, and could result in inaccurate research results that in turn could result in the NIDDK’s failure to meet its mission. CLOSING STATEMENT This synopsis is not a request for competitive proposals. However, interested parties may identify their interest and capability to respond to this notice. Responses to this notice shall contain sufficient information to establish the interested parties’ bona-fide capabilities for fulfilling the requirement and include: descriptive literature, delivery timeframe, warranties and/or other information that demonstrates that the offer meets all the foregoing requirements, 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.” 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. 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. All responses to this notice shall be submitted electronically by 9:00 am Eastern Standard Time, on Wednesday, March 30, 2022 to the Contract Specialist, Amber Harris, at amber.harris@nih.gov . Assessment of Capability Lowest Price Technically Acceptable INTRODUCTION THIS IS A PRE-SOLICITATION NON-COMPETITIVE (NOTICE OF INTENT) SYNOPSIS TO AWARD A CONTRACT OR PURCHASE ORDER WITHOUT PROVIDING FOR FULL OR OPEN COMPETITION (INCLUDING BRAND-NAME). The National Institutes of Health, Eunice Kennedy Shriver National Institute of Child Health and Human Development (NICHD), Office of Acquisitions (OA) on behalf of the on behalf of the National Institute of Digestive, Diabetes & Kidney Diseases intends to award a purchase order without providing for full and open competition (Including brand-name) to FEI CO for an Aquilos 2 Microscope Maintenance Agreement. . NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE The intended procurement is classified under NAICS code 811219 with a Size Standard of $22.0. REGULATORY AUTHORITY The resultant contract will include all applicable provisions and clauses in effect through the Federal Acquisition Circular 2022-04 Effective January 30, 2022. This acquisition is conducted under the procedures as prescribed in FAR subpart 13—Simplified Acquisition Procedures at an amount not exceeding the simplified acquisition threshold ($250,000). STATUTORY AUTHORITY This acquisition is conducted under the authority of 41 U.S.C. 253(c) under provisions of the statutory authority of FAR Subpart 6.302- FAR 6.302-1—Only one responsible source and no other supplies or services will satisfy agency requirements 41 U.S.C. 253(c)(1). PERIOD OF PERFORMANCE Base Period: 4/1/2022 – 3/31/2023 Option Period One: 4/1/2023 – 3/31/2024 Option Period Two: 4/1/2024 – 3/31/2025 Option Period Three: 4/1/2025 – 3/31/2026 Option Period Four: 4/1/2026 – 3/31/2027 Place of Performance National Institutes of Health National Institute of Digestive, Diabetes & Kidney Diseases 50 South Drive Bethesda, MD 20892 ? DESCRIPTION OF REQUIREMENT The mission of the National Institute of Diabetes and Digestive and Kidney Diseases (NIDDK) is to conduct and support medical research and research training and to disseminate science-based information on diabetes and other endocrine and metabolic diseases; digestive diseases, nutritional disorders, and obesity; and kidney, urologic, and hematologic diseases, to improve people’s health and quality of life. The NIDDK supports a wide range of medical research through grants to universities and other medical research institutions across the country. The Institute also supports government scientists who conduct basic, translational, and clinical research across a broad spectrum of research topics and serious, chronic diseases and conditions related to the Institute's mission. In addition, the NIDDK supports research training for students and scientists at various stages of their careers and a range of education and outreach programs to bring science-based information to patients and their families, health care professionals, and the public. The Multi Institute Cryo-EM Facility (MICEF) is a collaborative facility maintained by the NIDDK. It serves the scientific communities of National Heart, Lung, and Blood Institute (NHLBI), NIDDK, National Institute of Arthritis and Musculoskeletal and Skin Diseases (NIAMS), and National Institute of Neurological Disorders and Stroke (NINDS). MICEF currently houses an Aquilos 2 microscope that is used for preparing frozen cells and tissue samples for cryo electron tomography, a highly specialized and sensitive process that creates thin layers into the cells that can be used to transfer to a high-resolution transmission electron microscope (like the Krios or Glacios microscope) for cryo tomography. This will lead to detailed 3D characterization of these biological samples. MICEF offers support in planning cryo-electron microscopy (cryo-EM) experiments, sample preparation and imaging, using equipment, and analyzing data. A properly functioning Aquilos 2 microscope is vital to continuing this support. The Aquilos 2 microscope requires a maintenance plan (to include Cryo Lift-out) to keep the microscope functioning properly and providing accurate results. The Aquilos 2 microscope is located in on the NIH Bethesda Main Campus in Building 50. _________________________ PURPOSE AND OBJECTIVES The objective of this request is to purchase a preventative maintenance plan for the Aquilos 2 microscope. SALIENT / REQUIRED FEATURES AND SPECIFICATIONS The Contractor shall provide: • Customer Success Manager • Quarterly Reviews to discuss system trends and status • Customer Enablement Plan • Connected Care Portal • Annual preventative maintenance service • Certified Manufacturer spare parts • Ongoing Access to Scientific Workflows app, including automatic updates and upgrades. • Technical support via telephone TASKS AREAS Independently, and not as an agent of the Government, the contractor shall perform all of the detailed Task Areas listed below: Task Area 1 – Service Engineer – The Contractor shall provide a qualified service engineer to perform maintenance on the microscope with equipment and parts. Service will be on the units themselves in their current location by qualified service engineer in the presence of MICEF staff. Task Area 2 – Response Time – Upon Government submission of a service request, the Contractor shall respond within 48 hours and send in a service engineer to service/repair the microscope. Task Area 3 – Remote Application Support – The Contractor shall provide remote applications support when needed to tune the instrument to specific samples and solve applications problems when they appear in real time. Task Area 4 – Remote Monitoring – The Contractor shall provide regular remote monitoring of the instrument to provide an overview of the instrument health and use statistics and to provide predictions of imminent instrument failures before they happen. . 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 as prescribed in FAR Part 10—Market Research. Only one source is available: Per FAR 13.106-1(b)(1) the Contracting Officer has determined FEI CO to be the only reasonable available source to provide an Aquilos 2 Microscope Maintenance Agreement. This acquisition was pursued on a sole source basis centered on the vendor having access to proprietary parts and knowledge which limit the amount of downtime for the repair and maintenance of the equipment. The main commercial alternative to a contract with FEI Company is to have a contract with a company which sub-contracts with Thermo Fisher. Although this may seem equivalent since the deliverable appears to be generally the same, there are significant differences in the mode in which the direct contracted and sub-contracted work is performed by Thermo Fisher engineers. Direct contracting flexibly allows Thermo Fisher service engineers to “drop ship” multiple “fix kits” for a given problem to our trained staff and in many cases the engineers are able to remotely coach our staff through the repairs (in some cases trying several of the shipped kits). While this most often leads to a fix without the need of an engineer to physically visit the facility, when this is not accomplished the staff is able to help the engineer refine follow on fix options he/she will perform upon their physical visit to the facility. Such physical visits can occur with higher priority for direct contracted engineers which is important because the Thermo engineer cadre are overburdened with service calls and installations. Due to the need for a 3rd party service organization to neutralize significant conflicts of interest (Thermo engineers are placed in a position to bill their competitor) to control costs and also because there are significant difficulties recreating the “drop ship” and remote coaching approach to instrument repair the subcontractor is not able to cause instrument repair to occur as quickly as the direct contractor can. This downtime ultimately contributes to significant project delays and leads to a material loss (functional instrument time) which cannot be offset by any difference in cost of such a contract because of the extreme nature (multiple user staff over multiple days lose productivity) of knock-on effects of instrument down time. Based on this, 3rd party service providers do not have a level of performance close enough to that provided by the current vendor that they could be called comparable. This difference is not a question of competence or good will just a fundamental issue with the business model of 3rd party providers. In order to ensure the optimal thermal and mechanical stability and perfect optical performance, this microscope requires regular maintenance. ThIs microscope is unique and no other vendor will be able to provide the high level of specified maintenance and/or repairs to keep the microscope functioning at optimum levels. Failure to use Thermo Fisher to service the microscope and its many components may result in voiding any manufacturer warranties on the microscope, delays for software upgrades and repairs, and could result in inaccurate research results that in turn could result in the NIDDK’s failure to meet its mission. CLOSING STATEMENT This synopsis is not a request for competitive proposals. However, interested parties may identify their interest and capability to respond to this notice. Responses to this notice shall contain sufficient information to establish the interested parties’ bona-fide capabilities for fulfilling the requirement and include: descriptive literature, delivery timeframe, warranties and/or other information that demonstrates that the offer meets all the foregoing requirements, 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.” 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. 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. All responses to this notice shall be submitted electronically by 9:00 am Eastern Standard Time, on Thursday, March 31, 2022 to the Contract Specialist, Amber Harris, at amber.harris@nih.gov . Assessment of Capability Lowest Price Technically Acceptable
Data sourced from SAM.gov.
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