Maintenance services for BD LSR Fortessa SORP (Special Order Research Products) flow cytometer (5 laser system)

Maintenance services for BD LSR Fortessa SORP (Special Order Research Products) flow cytometer (5 laser system) Document Type: Special Notice Solicitation Number: 75N91021Q00043 Posted Date: 03/16/2021 Response Date: 03/19/2021 Classification Code: J066 – MAINT/REPAIR/REBUILD OF EQUIPMENT-INSTRUMENTS AND LABORATORY EQUIPMENT NAICS Code: 811219 – Other Electronic and Precision Equipment Repair and Maintenance ($22,000,000). Contracting Office Address: Department of Health and Human Services, National Institutes of Health, National Cancer Institute, Office of Acquisitions, 9609 Medical Center Drive, Room 1E128, Bethesda, MD 20892, UNITED STATES. DESCRIPTION: The Department of Health and Human Services (DHHS), National Institutes of Health (NIH), National Cancer Institute (NCI), Center for Cancer Research (CCR), and the Experimental Transplantation and Immunology Branch (ETIB) The Department of Health and Human Services (DHHS), National Institutes of Health (NIH), National Cancer Institute (NCI), Center for Cancer Research (CCR), and the Experimental Transplantation and Immunology Branch (ETIB) plans to procure, on a sole source basis, service for the maintenance of one (1) Government owned BD LSR Fortessa SORP (Special Order Research Products) flow cytometer (5 laser system) s/n H64717700105 for complex analysis of a wide variety of cell types required by investigators used in basic science and clinical settings from Becton, Dickinson is located at 2350 Qume Drive, San Jose, CA 95131. The response close date of this notice for this requirement is in accordance with FAR 5.203. This acquisition will be processed under FAR Part 12 – Acquisition for Commercial Items and will be made pursuant to the authority in FAR 13.106-1(b)(1)(i) using simplified acquisition procedures for commercial acquisitions and is exempt from the requirements of FAR Part 6. The North American Industry Classification System code 811219 – Other Electronic and Precision Equipment Repair and Maintenance ($22,000,000). This will be awarded as a firm fixed price purchase order for severable services. It has been determined there are no opportunities to acquire green products or services for this procurement. SCOPE The Contractor shall provide all labor, material and equipment to provide repairs and preventive maintenance for one (1) Government-owned BD LSR Fortessa SORP flow cytometer as specified below. All maintenance services shall be performed in accordance with the manufacturer’s most current standard commercial maintenance practices. Lasers, detectors, electronics and fluidic components shall be covered at no additional cost to the Government. The Contractor shall provide Software Service in accordance with the manufacturer’s most current established service procedures, to include telephone access to technical support for use of program software and troubleshooting of the operating systems, at no additional cost to the Government. The Contractor shall receive advance approval for the installation of all software updates and revisions from the Government. Defective software shall be replaced/reinstalled at no additional cost to the Government. Equipment Quantity Serial Number BD Biosciences LSR Fortessa Flow Cytometer 1 H64717700105 TYPE OF ORDER This is a firm fixed-price purchase order for severable services. SPECIAL ORDER REQUIREMENTS PREVENTIVE MAINTENANCE The Contractor shall perform a minimum of one (1) planned preventive maintenance inspections during the base and each 12 month option period for the government-owned BD Biosciences LSR Fortessa s/n H64717700105. Technically qualified factory-trained personnel shall perform Service. Service shall consist of a thorough cleaning, calibration, adjusting, inspection, and testing of all equipment in accordance with the manufacturer’s latest established service procedures. All equipment shall be operationally tested through at least one (1) complete operating cycle at the end of the preventive maintenance inspection to assure optimum and efficient performance. All maintenance services shall be performed in accordance with the manufacturer’s standard commercial maintenance practices. Lasers, detectors, electronics and fluidic components will be covered by this service contract. The contractor shall provide Software Service in accordance with the manufacturer’s latest established service procedures, to include telephone access to technical support for use of program software and troubleshooting of the operating systems, at no additional cost to the Government. The contractor shall receive advance approval for the installation of all software updates and revisions from the Government. Defective software shall be replaced at no additional cost to the government. EMERGENCY SERVICE All on-site, emergency repair service visits shall be provided during the terms of this contract at no additional cost to the government. Upon receipt of notice that any part of the equipment is not functioning properly the Contractor shall provide on-site response a qualified 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. Emergency service calls shall not replace the necessity for planned preventative maintenance. All labor and travel shall be included. REPLACEMENT PARTS The Contractor shall furnish all required replacement parts at no additional cost to the Government, with the exception of consumables. Parts shall be new or remanufactured to original equipment manufacturer (OEM) specifications. Parts shall be delivered the earliest next business day. SOFTWARE UPDATES/SERVICE The Contractor shall provide Software Service and updates in accordance with the manufacturer’s latest established service procedures, to include telephone access to technical support for use of program software and troubleshooting of the operating systems, at no additional cost to the Government. The contractor shall receive advance approval for the installation of all software updates and revisions from the Government. Defective software shall be replaced/reinstalled at no additional cost to the government. 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 the subject of a separate purchase order and shall not be performed under this contract. PERSONNEL QUALIFICATIONS The Contractor must provide original equipment manufacturer (OEM) maintenance materials and OEM-trained service technicians specifically trained on the BD Biosciences LSR Fortessa system, with full access to official instrument documentation and software resources. SEVERABLE SERVICES The services acquired under this purchase order are severable services. Funds are only available for use for the line item to which they are obligated. Unused funds from one period (line item) may not roll over for use in other periods. PLACE OF PERFORMANCE Onsite services shall be performed at the following location: NCI ETIB FACS Facility NCI-NIH Building10 Room 3-3297 East 10 Center Drive Bethesda, MD 20892 Technical Point of Contact (TPOC): TBD PERIOD OF PERFORMANCE The period of performance shall be for a base period of twelve (12) months with four 12-month option periods, as follows: Base Period: April 17, 2021 thru April 16, 2022 Option Period 1: April 17, 2022 thru April 16, 2023 Option Period 2: April 17, 2023 thru April 16, 2024 Option Period 3: April 17, 2024 thru April 16, 2025 Option Period 4: April 17, 2025 thru April 16, 2026 INSPECTION & ACCEPTANCE Pursuant to FAR clause 52.212-4, all work described in the SOW to be delivered under this contract is subject to final inspection and acceptance by an authorized representative of the Government. The authorized representative of the Government is the Technical Point of Contact (TPOC), who is responsible for inspection and acceptance of all services, materials, or supplies to be provided by the Contractor. All services delivered to the TPOC will be deemed to have been accepted 30 calendar days after date of delivery, except as otherwise specified in this task order, if written approval or disapproval has not been given within such period. The TPOC’s approval or revision to the services delivered shall be within the general scope of work stated in this task order. NCI Technical Point of Contact (TPOC): TBD at award REPORT(S)/DELIVERABLES AND DELIVERY SCHEDULE Upon completion of any preventative maintenance visit, a written report showing instrument passing performance standards will be submitted. All reports shall be submitted for approval to the NCI TPOC within five (5) business days after any work is performed in an electronic format, such as Word or as a PDF. PAYMENT Payment shall be made monthly in arrears. Payment authorization requires submission and approval of invoices to the COR and NIH OFM, in accordance with the attached payment provisions listed below: The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: Prompt Payment (Jan 2017) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow: Invoice Requirements A. An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR 32.9. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.) Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor. Vendor/Contractor: Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact). Remit-to address (Name and complete mailing address to send payment). Remittance name must match exactly with name on original order/contract. If the Remittance name differs from the Legal Business Name, then both names must appear on the invoice. Invoice date. Unique invoice #s for all invoices per vendor regardless of site. NBS document number formats must be included for awards created in the NBS: Contract Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number. Data Universal Numbering System (DUNS) or DUNS + 4 as registered in the Central Contractor Registration (CCR). Federal Taxpayer Identification Number (TIN). In those exceptional cases where a contractor does not have a DUNS number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor’s name on the face page of the award document. Identify that payment is to be made using a three-way match. Description of supplies/services that match the description on the award, by line billed.* Freight or delivery charge must be billed as shown on the award. If it is included in the item price do not bill it separately. If identified in the award as a separate line item, it must be billed separately. Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered or services performed, as applicable, and that match the line items specified in the award.* NOTE: If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice. A modification to the order or contract may be needed before the invoice can be submitted and paid. B. Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized. Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt. C. The Contractor shall submit invoice to the National Institutes of Health (NIH)/Office of Financial Management (OFM) via email at [email protected] with a copy to the approving official, as directed below. The Contractor must follow step-by-step instructions as stated in the NIH/OFM Electronic Invoicing Instructions for NIH Contractors/Vendors, which is included as an attachment on the website at https://oamp.od.nih.gov/DGS/DGS-workform-information/attachment-files. The invoice shall be transmitted as an attachment via email to the address listed above in one of the following formats: Word, or Adobe Portable Document Format (PDF). The Contractor must submit only one invoice per email. Do not submit supporting documentation (e.g., receipts, time sheets, vendor invoices, etc.) with your invoice unless specified elsewhere in the contract or requested by the Contracting Officer. The Contractor shall submit a copy of the electronic invoice to the following Contracting Officer’s Representative/ Technical Point of Contact (TPOC): Contracting Officer’s Representative/ Technical Point of Contact (TPOC) Name- ___________________Email Address- For inquiries regarding the status of invoices, contact OFM Customer Service via email at [email protected] or via phone at 301-496-6088. To send your inquiries via other available communication methods refer to the OFM Customer Service website at https://ofm.od.nih.gov/Pages/Customer-Service.aspx. Note: The OFM Customer Service is open Eastern Standard Time Monday – Friday from 8:30 a.m. to 5:00 p.m. and is closed between 12:00 p.m. to 1:00 p.m. Invoice Payment A. Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events: The 30th day after the designated billing office has received a proper invoice. The 30th day after Government acceptance of supplies delivered or services performed. B. The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended. Interest Penalties A. An interest penalty shall be paid automatically, if payment is not made by the due date and the conditions listed below are met, if applicable. A proper invoice was received by the designated billing office. A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with a term or condition. In the case of a final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further settlement actions between the Government and the Contractor. B. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS, FAR 52.232-40 (December 2013) a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. b) The acceleration of payments under this clause does not provide any new rights under the prompt Payment Act. c) Include the substance of this clause, include this paragraph c, in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. SUBMISSION INSTRUCTIONS This notice is not a request for competitive quotation. However, if any interested party, especially small businesses, believes it can meet the above requirement, it may submit a capability statement, proposal, or quotation, which shall be considered by the agency. The statement of capabilities and any other information furnished must be in writing and must contain material in sufficient detail to allow the NCI to determine if the party can perform the requirement. Responses must be received in the contracting office by 12:00PM EST, on March 19, 2021. All responses and questions must be emailed to William Neal, Contracting Officer via electronic mail at [email protected]. A determination by the Government not to compete this proposed requirement based upon responses to this notice is solely within the discretion of the Government. Information received will be considered solely for the purpose of determining whether to conduct a competitive procurement. No collect calls will be accepted. In order to receive an award, Contractors must be registered and have valid, current Entity Record, including current Representations and Certifications, in the System for Award Management (SAM) through SAM.gov. Reference: 75N91021Q00043 on all correspondence.