J -- SERVICE MAINTENANCE CONTRACT FOR FACSCALIBUR 4CLR/SORT (5)

The USDA, Agricultural Research Service (ARS), intends to negotiate solely with BD Biosciences in San Jose, CA for an annual maintenance service contract on a Government-owned Facscalibur 4CL/Sort (5) system and components which is used for flow cytometery. SOLE SOURCE JUSTIFICATION: The Government has determined that only the manufacturer can service and maintain their equipment. Service engineers provided shall be trained and certified by the instrument manufacturer and software manufacturer to perform repairs on this equipment/software. PATENTS OR LICENSING- BD Biosciences holds the patent for the FACScalibur 4 COLOR/SORT. CONTRACT PERIOD OF PERFORMANCE: OCTOBER 1, 2007 THROUGH JUNE 30, 2008 (9 MONTHS) WITH FOUR (4), 12-MONTH OPTION PERIODS. This Service Contract is required for the following Government-owned equipment: FACScalibur 4 Color/Sort, Serial #E0140. BASE PERIOD OF PERFORANCE- PERIOD OF PERFOMRANCE: OCTOBER 1, 2007 THROUGH JUNE 30, 2008 - ITEM 01: FACSCAILBUR SERVICE CONTRACT; QTY. 9; UNIT: MOS. UNIT PRICE $___; AND AMOUNT $____.OPTION 1- PERIOD OF PERFORMANCE: JULY 1, 2008 THROUGH JUNE 30, 2009. ITEM 02: FACSCAILBUR SERVICE CONTRACT; QTY. 12; UNIT: MOS. UNIT PRICE $___; AND AMOUNT $____. OPTION 2- PERIOD OF PERFORMANCE: JULY 1, 2009 THROUGH JUNE 30, 2010. ITEM 03: FACSCAILBUR SERVICE CONTRACT; QTY. 12; UNIT: MOS. UNIT PRICE $___; AND AMOUNT $____. OPTION 3- PERIOD OF PERFORMANCE: JULY 1, 2010 THROUGH JUNE 30, 2011. ITEM 04: FACSCAILBUR SERVICE CONTRACT; QTY. 12; UNIT: MOS. UNIT PRICE $___; AND AMOUNT $____. OPTION 4- PERIOD OF PERFORMANCE: JULY 1, 2011 THROUGH JUNE 30, 2012. ITEM 05: FACSCAILBUR SERVICE CONTRACT; QTY. 12; UNIT: MOS. UNIT PRICE $___; AND AMOUNT $____. The service/maintenance contract includes at a minimum: 1. Labor, travel expenses and parts; 2. two (2) Preventive Maintenance (PM) Inspections during a twelve (12) month period; 3. Two (2) PM kits; 4. 24-hour response to request for emergency on-site service excluding weekends and holidays; 5. Software revisions released during agreement term; 6. Unlimited service visits, Monday thru Friday; 7. Unlimited telephone support for instruments, reagents and applications; 8. Factory trained and certified technician capable of replacing parts and equipment with original factory manufactured parts; 9. Perform PM in accordance with manufacturers electrical and safety requirements. SECTION 508 ACCESSIBILITY COMPLIANCE CLAUSE - All Electronic and Information Technology (EIT) procured through this Contract must meet the applicable accessibility standards at 36 CFR 1194, unless an agency exception to this requirement exists. (36 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended, and are available at http://www.access-board.gov/sec508/508standards.htm-PART 1194. The following standards have been determined to be applicable to this contract: 1194.21, 1194.22, 1194.25, and 1194.26. This standard does not require the installation of specific accessibility-related software or the attachment of an assistive technology devise, but merely requires that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future. The Contractor must note in the schedule whether each product or service is compliant or noncompliant with the accessibility standards at 36 CFR 1194. For each item that is identified as compliant the Contractor shall provide evidence or verification of compliance. The proposal must indicate where full details of compliance can be found (e.g., schedule attachment, vendor?s website or other readily available location (specify). All software shall be ?Y2K? compliant. PACKING AND SHIPPING - The Contractor shall pack each item for shipment in a new container in such a manner that will ensure acceptance by common carrier and safe delivery at the destination site. Containers and closures shall comply with the Interstate Commerce Regulation, Uniform Freight Classification Rules, or regulation of other carriers as applicable to the mode of transportation. The items to be furnished hereunder shall be labeled with the purchase order number and delivered, all transportation charges paid by the Contractor in accordance with the F.O.B. Destination. FACILITY CONTAINMENT RESTRICTIONS ? If delivery is to the PIADC Building 101 a bio-containment safety level 3 (BL3 Ag) laboratory. Contractor employee(s) must adhere to facility safety regulations (see attachment 1). Everything removed must go through a decontamination process from building 101; the procedure takes a minimum 2 weeks. All warranted repairs or replacements that will require returns to the manufacturer need to be scheduled prior to the 2 week decontamination process. On site government supplied tools are available. If something is not available decontamination restrictions apply. Decontamination is done by putting products into a self-contained air-lock and gassed with Para-formaldehyde, after 7 days product is removed tested and requires 7 days to air out. Liquid decontamination for metal products is washed in a lye or bleach solution with a ratio of 1 part lye or bleach to 10 parts water, and then rinsed. No wood or porous materials allowed. See Attachment 1 and 2. DELIVERABLES - In cases of inclement weather, the Boats may not be able to transport eh contracto to the island. in some cases the contractor may have to leave the island due to inclement weather before completion of the services. In which case, th Contractor will need to return the next business day to complet the services. The Contractor shall furnish and deliver (F.O.B. Destination) the services, expendable parts and documentation to the USDA, ARS, NAA, PIADC, 40550 Rt. 25, Warehouse, Orient Point, NY 11957, after the receipt of the purchase order. Delivery shall be between the hours of 8:00 a.m. to 3:30 p.m., Monday through Friday, excl. Federal holidays. NOTE: Warehouse is closed during lunch hours of 11:30am ? 12:30pm. FACILITY ACCESS: The PIADC location has a drive up location, and a 1/4-ton lift truck. The facility has a loading dock and must be delivered through a door have an opening of 15 feet wide and 11 feet 8 inches high. Inside the building 101, Lab D, the door opening is 3 feet wide x 7 feet high. Freight elevator in Building 101 with a door opening of 6 feet height by 8 feet wide maximum weight capacity of 3500 pounds. DOCUMENTATION - The Contractor shall provide a written report of the service/maintenance provided upon completion of each service call throughout the period of the contract to the TR. GOVERNMENT RESPONSIBILITY - The Contracting Officer shall designate the Contracting Officer's Technical Representative (TR) at the time of contract award. INVOICING: INVOICES SHALL BE SUBMITTED QUARTERLY (IN ARREARS) TO THE TECHNICAL REPRESENTATIVE. All documentation shall include the P.O. number. WARRANTY - The Contractor shall provide a standard commercial warranty for this type of service, including all labor and part. The period of the warranty shall begin upon acceptance by the Government. The NAICS is 334513 with a size standard of 500 employees. This procurement is unrestricted. This announcement and any other documents related to this procurement will be available electronically at the Internet site http://www.fbo.gov. Companies with the demonstrated capability and financial capacity to provide these services must submit a written substantive statement outlining the Company=s services and capabilities to the Contracting Officer within five (5) days of publication of this notice. This is not a request for proposal. No solicitation is available.