Equipment Maintenance Contract for four (4) Incucyte Live Cell Image Systems

**4/28/2026:  AMENDMENT 0001 COMBINED SYNOPSIS/SOLICITATION HAS BEEN UPDATED TO INCLUDE ADDITIONAL FAR RFO CLAUSE.            

      COMBINED SYNOPSSOLICITATION IS / (NON-COMPETITIVE)

Title: Equipment Maintenance Contract for four (4) Incucyte Live Cell Image Systems

(i.) This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with part 12. This announcement constitutes the only solicitation. Offers are being requested, and a separate written solicitation will not be issued. Solicitation number 75N98026Q00046-RFQ is issued as a request for quotation (RFQ) for Equipment Maintenance Contract for four (4) Incucyte Live Cell Image Systems. This acquisition is not set-aside for small business concerns. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52. The Defense Priorities and Allocations System (DPAS) are not applicable to this requirement.

THIS IS A NON-COMPETITIVE (NOTICE OF INTENT) COMBINED SYNOPSIS SOLICITATION TO AWARD A CONTRACT OR PURCHASE ORDER WITHOUT PROVIDING FOR FULL AND OPEN COMPETITION (INCLUDING BRAND-NAME).

The National Institute of Health (NIH), on behalf of the National Cancer Institute (NCI), intends to negotiate and award a firm-fixed-price purchase order, without providing for full and open competition (including brand-name), to Sartorius Corporation, 545-1 Johnson Avenue Bohemia, NY 11716 for a Maintenance Service Agreement for four Incucyte Live Cell Image Systems.

This acquisition is conducted as non-competitive for a commercial product or commercial service and is conducted pursuant to FAR 12.201-1, Simplified Procedures in accordance with 41 U.S.C. 1901.

Sartorius Corporation currently provides routine maintenance for the Live Cell Image Systems. Sartorius is the only authorized company that can provide service to the manufacturers Specification while providing OEM parts for it. Sartorius does not offer 3rd party resellers to provide maintenance for their equipment.

(ii) List of line-item number(s) and items, quantities, and units of measure (including option(s), if applicable) for this requirement (as applicable):

Period of Performance: 05/01/2026 – 04/30/2027

CLIN 1 - Incucyte S3 Preventive Service Plan, Product #: 84MJES3,Serial #: IC50168 & Serial #: IC51611, Period of Performance: 05/01/2026 – 04/30/2027.

CLIN 2 - Incucyte SX5 Preventive Service Plan, Product #: 84MJEX5, Serial #: IC70841 & Serial #: IC70025, Period of Performance: 05/01/2026 – 04/30/2027.

(iii) For further descriptions and details about the maintenance services to be acquired, see Attachment 1 – Statement of Work (SOW).

(iv) The Government anticipates award of a firm fixed-price purchase order for this acquisition, and the anticipated period of performance is 05/01/2026 – 04/30/2027.

Onsite services shall be performed at the following location:

Genetics Branch, CCR, NCI 37 Convent Drive

Building 37, Room 6016

Bethesda MD 20892

(v) 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 this address: https://www.acquisition.gov/far-overhaul.

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a) The following FAR provision is required by FAR 12.205(a), and incorporated by reference:

• FAR 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services.

b) The following FAR provisions are required as they are applicable to this requirement and incoporated by reference:

• FAR 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017)
• FAR 52.204-7, System for Award Management—Registration (DEVIATION) (RFO Nov 2025)
• FAR 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification (DEVIATION) (RFO Nov 2025)
• FAR 52.240-90, Security Prohibitions and Exclusions Representations and Certifications (DEVIATION) (RFO Nov 2025)

FAR DEVIATION STATEMENT: System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

c)  The following HHSAR solicitation provision(s) are applicable to this requirement:

HHSAR 352.239-78 Information and Communication Technology Accessibility Notice (DEVIATION) (Feb 2024)

(a) Any offeror responding to this solicitation must comply with established HHS Information and Communication Technology (ICT) accessibility standards. Information about Section 508 of the Rehabilitation Act is available at https://www.hhs.gov/web/section-508/index.html.

(b) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 352.239-79 Information and Communication Technology Accessibility. In order to facilitate the Government’s determination whether proposed ICT supplies, products, platforms, information, and documentation meet applicable Section 508 accessibility standards, offerors must submit an appropriate HHS Section 508 Accessibility Conformance Checklist (see https://www.hhs.gov/web/section-508/accessibility-checklists/index.html) or an Accessibility Conformance Report (ACR) (based on the Voluntary Product Accessibility Template (VPAT) see https://www.itic.org/policy/accessibility/vpat), in accordance with the completion instructions.

(c) The purpose of the checklists and conformance reports is to assist HHS acquisition and program officials in determining whether proposed ICT supplies, products, platforms, information, and documentation conform to applicable Section 508 accessibility standards. Checklists and ACRs evaluate—in detail—whether the ICT conforms to specific Section 508 accessibility standards and identify remediation efforts needed to address conformance issues.

(d) If an offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, after award of a contract or order, that the deliverables do not conform to the described accessibility standards, remediation of the supplies, products, platforms, information, and documentation to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

(e) In order to facilitate the Government’s determination whether proposed ICT services meet applicable Section 508 accessibility standards, offerors must provide enough information to assist the Government in determining that the ICT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues.

(f) Respondents to this solicitation must identify any inability to conform to Section 508 requirements. If an offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation will be the responsibility of the Contractor at its expense.

(g) Items delivered as electronic content must be accessible to HHS acceptance criteria. Checklists for various formats are available at http://508.hhs.gov/. Materials, other than items incidental to contract management, that are final items for delivery should be accompanied by the appropriate checklist, except upon approval of the Contracting Officer.

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(vi) 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 this address: https://www.acquisition.gov/far-overhaul.

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a) The following FAR clauses are required by FAR 12.205(b)(1) for all solicitations and incorporated by reference:

• FAR 52.212-4, Terms and Conditions—Commercial Products and Commercial Services. (DEVIATION) (Nov 2025)

b) The following FAR clauses are required as applicable to this requirement and incorporated by reference:

• FAR 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023)
• FAR 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)
• FAR 52.204-13, System for Award Management—Maintenance (DEVIATION) (Nov 2025)
• FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEVIATION) (Nov 2025)
• FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (DEVIATION) (RFO Nov 2025)
• FAR 52.222-3, Convict Labor (DEVIATION) (Nov 2025)
• FAR 52.222-50, Combating Trafficking in Persons (DEVIATION) (Nov 2025)
• FAR 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (DEVIATION) (Nov 2025)
• FAR 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024)
• FAR 52.232-33, Payment by Electronic Funds Transfer – System for Award Management (Oct 2018)
• FAR 52.244-6, Subcontracts for Commercial Products and Commercial Services (DEVIATION) (Nov 2025)
• FAR 52.233-3, Protest After Award (DEVIATION) (Nov 2025)
• FAR 52.233-4, Applicable Law for Breach of Contract Claim (DEVIATION) (Nov 2025)

c) The following HHSAR clauses are applicable to this requirement:

• HHSAR 352.232-71 Electronic Submission of Payment Requests (Feb 2022) (NOTE: See Section 5.0 – Invoicing in the SOW (Attachment 1) for the full text of this clause and related invoicing instructions).
• HHSAR 352.239-79 Information and Communication Technology Accessibility (DEVIATION) (Feb 2024)

a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all information and communication technology (ICT) supplies, products, platforms, information, documentation, and services support developed, acquired, maintained or delivered under this contract or order must comply with the Revised 508 Standards, which are located at 36 C.F.R. 1194.1 and Appendices A, B, and C, and are available at https://www.access-board.gov/ict/. Information about Section 508 is available at https://www.hhs.gov/web/section-508/index.html.

b) Additional Section 508 accessibility standards applicable to this contract or order may be identified in the specification, statement of work, or performance work statement. If it is determined by the Government that ICT supplies, products, platforms, information, documentation, and services support provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

c) In the event of a modification(s) to this contract or order, which adds new ICT supplies or services or revises the type of, or specifications for, supplies, products, platforms, information, documentation, or services support, the Contracting Officer shall require that the Contractor submit a completed HHS Section 508 Accessibility Conformance Checklist (see https://www.hhs.gov/web/section-508/accessibility-checklists/index.html) or an Accessibility Conformance Report (ACR) (based on the Voluntary Product Accessibility Template (VPAT) see https://www.itic.org/policy/accessibility/vpat), and any other additional information necessary to assist the Government in determining that the ICT supplies or services conform to Section 508 accessibility standards. If it is determined by the Government that ICT supplies, products, platforms, information, documentation, and services support provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

d) If this is an Indefinite-Delivery type contract, a Blanket Purchase Agreement or a Basic Ordering Agreement, the task/delivery order requests that include ICT supplies, products, platforms, information, documentation, or services support will define the specifications and accessibility standards for the order. In those cases, the Contractor shall be required to provide a completed HHS Section 508 Accessibility Conformance Checklist (see https://www.hhs.gov/web/section-508/accessibility-checklists/index.html) or an ACR (based on the VPAT see https://www.itic.org/policy/accessibility/vpat), and any other additional information necessary to assist the Government in determining that the ICT supplies, products, platforms, information, documentation, or services support conform to Section 508 accessibility standards. If it is determined by the Government that ICT supplies and services provided by the Contractor do not conform to the described accessibility standards in the provided documentation, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

e) The contractor shall identify to the Contracting Officer any perceived exception or exemption to Section 508 requirements.

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(vii) The associated NAICS code is 811210-Electronic and Precision Equipment Repair and Maintenance, and the applicable size standard of $34,000,000.

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, as applicable, 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), and product description.

The Government intends to award a firm-fixed-price purchase order to Sartorius Corporation, provided the quotation is determined to be acceptable and the price fair and reasonable.

The Government will evaluate the contractor’s quotation to ensure it:

1. Conforms to requirements of this solicitation.
2. Provides manufacturer-authorized service, including OEM parts, software updates, and technical support.
3. Reflects a fair and reasonable price.

Past performance and other relevant information may be considered to support a responsibility determination.

An award will be made if the quotation satisfies the Government’s requirement, the vendor is determined responsible, and the price is fair and reasonable.

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

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 quotations must be received by 2:00 PM, Eastern Standard Time, on April 28, 2026, and reference Solicitation Number 75N98026Q00046-RFQ. Responses must be submitted electronically to Asya McClelland, Contract Specialist, at asya.mcclelland@hhs.gov.

A determination by the Government whether to compete this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will be considered to determine whether to proceed on a non-competitive basis as indicated above, or to conduct a competitive procurement.

This requirement is for the maintenance and repair of specialized equipment (Incucyte Live Cell Image Systems). The acquisition may qualify for exemption from the Service Contract Labor Standards statute pursuant to FAR 22.1003-4(c).

(viii) List of Attachments

• Attachment 1 – SOW