Renewal Service Agreement for Various BD Flow Cytometers and Lasers

THIS IS A NOTICE OF INTENT AND NOT A REQUEST FOR QUOTATIONS This notice is published in accordance with Federal Acquisition Regulation (FAR) 5.101(a)(1) requiring the dissemination of information regarding proposed contract actions. This is a Notice of Intent to award a sole source, firm-fixed price purchase order under the authority of 41 U.S.C.

1901(e), as implemented by FAR 13.106-1(b)(2) and 13.501(a)- Only One Responsible Source and No Other Supplies or Service Will Satisfy Agency Requirements and is not a request for competitive proposals. The National Institute of Allergy and Infectious Diseases (NIAID) intends to negotiate on a sole source basis with Becton Dickerson, & Co. (BD), 2350 Qume Drive San Jose, CA 95131, UEI: MM5ZHL8SRFY5.

This acquisition will provide a 12-month service contract for eight (8) BD flow cytometers, two (2) BD high throughput samplers (HTPs), two (2) BD flow supply system, and thirty-eight (38) BD lasers. See attached Bill of Materials for details. The Flow cytometers are used daily and must be repaired and/or upgraded immediately to prevent the loss of research and maintain the continuity of experiments.

These instruments are constantly in use throughout the day and if were put out of action due to lack of maintenance or mechanical failure the ability of investigators to conduct their research would be severely handicapped. To ensure the instruments optimal performance and reliability, they require maintenance by specially trained, experienced, and certified engineers. BD is the original manufacturer of these instruments and is the direct provider of service agreements specific to their instruments.

According to BD’s sole source letter, BD does not certify third party organizations to perform service on its instruments in the USA. The requested service agreement for the above-mentioned instruments shall include the following:

-Parts, labor, and travel for remedial repair -Two (2) Preventative Maintenance (PM) Inspections to be performed during twelve-month period -Two (2) PM Kits -Update installations at the time of schedule PM visits -Software Revisions released during the period of performance, -Unlimited service visits, Monday-Friday, excluding holidays -48-hour priority response to a request for emergency on-site service Monday-Friday, excluding holidays -Unlimited telephone support for instruments, reagents, and applications There are two periods of performance for this requirement (inclusive of options) based on service requirements.

Period of Performance: 04/22/2024 to 12/31/2024 and 04/22/2024 to 04/21/2025. The North American Industry Classification (NAICS) code for this acquisition is 811210-Electronic and Precision Equipment Repair and Maintenance, which has a size standard of $34 million. Becton, Dickinson, and Company is an other than a small business. This will be the only notice of the Government's intent to solicit, negotiate, and award to one source to satisfy this requirement.

The Government plans to award a contract for this requirement within 15 days of this notice. While this synopsis does not constitute a solicitation, interested vendors may identify their interest and capability to satisfy this requirement. The Government understands that Becton, Dickinson, and Company are the only vendor which can provide the requested products/services for NIAID.

However, firms that believe they can provide the capability required to fully meet the Government's requirement may submit a capabilities statement, including past performance, in writing to the identified point of contact within 15 days after publication of this notice. Such documentation shall be evaluated solely for the purpose of determining whether or not to conduct this procurement on a competitive basis.

A determination not to compete this requirement, based upon responses to this notice, is solely within the discretion of the Government. Interested parties may identify their interest and capability to respond to the requirement or submit offers on NOI-NIAID-24-2208669. This notice does not obligate the Government to award a contract or otherwise pay for any information provided in response.

The Government reserves the right to use information provided by respondents for any purpose deemed necessary and legally appropriate. Any organization responding to this notice should ensure that its response is complete and sufficiently detailed to allow the Government to determine the organization's qualifications to perform the work.

Respondents are advised that the Government is under no obligation to acknowledge receipt of the information received or provide feedback to respondents with respect to any information submitted. For additional information or to submit responses, please contact Danielle Tines, Contract Specialist at danielle.tines@nih.gov.