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NOTICE OF INTENT to Sole Source SOLICITATION NUMBER: NIH-NINDS-NOI- 21-002568 TITLE: Leica Aperio Versa Equipment and Software Service and Maintenance CLASSIFICATION CODE: J066 Maintenance and Repair ... NOTICE OF INTENT to Sole Source SOLICITATION NUMBER: NIH-NINDS-NOI- 21-002568 TITLE: Leica Aperio Versa Equipment and Software Service and Maintenance CLASSIFICATION CODE: J066 Maintenance and Repair of Instruments and Laboratory Equipment NAICS CODE: 811310 – Commercial and Industrial Machinery and Equipment Repair and Maintenance RESPONSE DATE: April 7, 2021 PRIMARY POINT OF CONTACT: Shayna Simpson, Contract Specialist NINDS Contracts Management Branch, NIDA Shayna.Simpson@nih.gov DESCRIPTION: THIS IS A PRE-SOLICITATION NOTICE OF INTENT TO AWARD ON A SOLE SOURCE BASIS. THIS IS NOT A REQUEST FOR QUOTE/PROPOSALS. On behalf of the National Institute of Neurological Disorders and Stroke (NINDS), the Office of Acquisitions Contracts Management Branch Red, NINDS Section of the National Institute on Drug Abuse (NIDA), intends to solicit on a sole-source basis by a request for quotation to Leica to acquire maintenance services for the Leica Aperio Versa systems on or around July 15, 2021 with an award issued on or around July 10, 2021. The purpose of this acquisition is to acquire preventative maintenance and service for an existing Government-owned Leica Aperio Versa equipment and software that was originally manufactured by Leica Biosystems. These maintenance services shall be provided by an Original Equipment Manufacturer (OEM)-Authorized Service Provider of the Leica Aperio Versa, and all maintenance services shall be performed by OEM certified factory-trained technicians using OEM certified parts. NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE and SET ASIDE STATUS The intended procurement is classified under NAICS code 811310 with a Size Standard of $8M. This acquisition is NOT set aside for small businesses, but rather is a sole-source acquisition to Leica Biosystems. REGULATORY AUTHORITY This acquisition is conducted under the authority of the Federal Acquisition Regulations (FAR) Subpart 13.106-1 (b) Soliciting from a single source. BACKGROUND, PURPOSE AND OBJECTIVES OF REQUIREMENT The National Institute of Neurological Disorders and Strokes (NINDS) supports research into the causes, treatment, and prevention of neurological disorders and stroke. The investigators have been making use of multiplex immunohistochemistry and RNA in-situ hybridization for characterization of complex characterization of the immune microenvironment of high-grade brain tumors. The NIH scientific community’s specific requirements of segmentation of images for quantification of expression of RNA molecules and multiplexed proteins in the immune microenvironment. The software is particularly critical, as it can be used for analysis of previously acquired images and those of collaborators. The Leica Aperio Versa equipment and software is used for this purpose. This is of particular value in the research on high grade gliomas by investigators in the Surgical Neurology Branch (SNB). To continue to support cutting-edge research performed by the NIH scientific community, it is essential to maintain and service this equipment on a regular maintenance schedule. CONTRACTING WITHOUT PROVIDING FOR FULL OR OPEN COMPETITION (INCLUDING BRAND-NAME) DETERMINATION Leica Biosystems, as the authorized partner of Leica Aperio Versa equipment and software, is the only contractor authorized and capable of providing the necessary maintenance support service to the Leica Aperio Versa because the equipment and software are proprietary. Leica Biosystems is the only source for factory trained and certified technicians to maintain and service the equipment and the software. The equipment requiring maintenance is continually used for research purposes. Non-functional equipment, inappropriately calibrated equipment, or equipment with incorrect parts, software updates, or other unsupported service provided by a non-authorized vendor, would void data standardization and cause irreparably damage to NIH research data. Furthermore, use of any other contractor for maintenance 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 software, and only Leica Biosystems can certify compatibility. An OEM-authorized service provider is the only source with direct access to these parts and labor. Leica Biosystems is the only source authorized by the OEM to provide maintenance services for this equipment and software. Because of the significant investment by NINDS in the purchase of this equipment and software, using an OEM-Authorized Service Provider is essential for maintaining the integrity of the system. In accordance with FAR part 10, extensive market research was conducted to reach this determination. Specifically, contact with knowledgeable individuals both in industry and Government, as well as reviews of available product literature, revealed no other sources. A review of the GSA Advantage, Dynamic Small Business Search, and previous Government acquisitions returned no results that meet all requirements. A letter from the OEM confirmed that Leica Biosystems is the only OEM-authorized service provider for this equipment. Therefore, only Leica Biosystems, is found to be capable of meeting the needs of this requirement. The intended source is: Leica Biosystems 1700 Leider Lane Buffalo Grove, IL 60089 Salient characteristics: This is a service and maintenance requirement for the Leica Aperio Versa systems. 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 provide preventative maintenance and service, including onsite engineer calibrations and onsite engineer services, for the Leica Aperio Versa. The Contractor shall supply all replacement parts to maintain the equipment at OEM specifications. The Contractor shall provide on-site remedial service and maintenance as well as regular scheduled maintenance inspections and adjustments for all subsystems of the equipment. The contractor shall provide technical support and remote diagnostics as well as checks of the system error logs. The Contractor shall provide all necessary documentation, repair parts, spare parts, accessories, maintenance supplies, all special tools, test and support equipment, any travel and transportation, personnel skill requirements, and other related services required in performance of maintenance tasks to keep the equipment in good operating condition. Estimated Period of Performance: Base year: 7/15/2021 – 7/14/2022 Option year 1: 7/15/2022 – 7/14/2023 Option year 2: 7/15/2023 – 7/14/2024 Option year 3: 7/15/2024 – 7/14/2025 Option year 4: 7/15/2025 – 7/14/2026 Place of Performance: Building 10 Room 3D20 10 Center Dr. National Institutes of Health MSC 1414, Bethesda, MD 20892-1414 Contract Type: A firm-fixed price type contract with option periods is planned for this acquisition, consistent with commercial practices. 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 equipment 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, NIH-NINDS-NOI-21-002568. Responses must be submitted electronically to Shayna Simpson, Contract Specialist, Contracts Management Branch – Red, NINDS Section, NIDA, at Shayna.Simpson@nih.gov. U.S. Mail and Fax responses will not be accepted.