Leica Confocal Electron Microscope Maintenance Support Services

Leica Confocal Electron Microscope Maintenance Support Services Notice of Intent to Sole Source HHS-NIH-NIDA-SSSA-NOI-17-167 INTRODUCTION THIS IS A NON-COMPETITIVE (NOTICE OF INTENT) COMBINED SYNOPSIS SOLICITATION TO AWARD A CONTRACT OR PURCHASE ORDER WITHOUT PROVIDING FOR FULL OR OPEN COMPETITION (INCLUDING BRAND-NAME). The National Institute on Drug Abuse (NIDA), Station Support Contracts and Simplified Acquisitions Branch (SS/SA) on behalf of the National Institute of Neurological Disorders and Stroke (NINDS) intends to negotiate and award a contract without providing for full and open competition (including brand-name) to Leica Microsystems for SP8 Confocal Laser Scanning Electron Microscope maintenance support services. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation to the sole source contractor; a proposal is being requested and a written solicitation will not be issued. REGULATORY & STATUTORY AUTHORITY This acquisition is conducted as non-competitive for a commercial item or service and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13-Simplified Acquisition Procedures; FAR Subpart 13.5-Simplified Procedures for Certain Commercial Items; and FAR Part 12-Acquisition of Commercial Items, as well as the statutory authority of FAR Subpart 13.106-1(b) Soliciting from a Single Source. The acquisition is not expected to exceed the simplified acquisition threshold. Pursuant to FAR Subpart 13.501 (a) (1) (iii) the justification (excluding brand name) will be made available within 14 days after contract award or in the case of unusual and compelling urgency within 30 days after contract award. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95 dated January 19, 2017. NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE The associated NAICS code for this requirement is 811310 with size standard of $7.5 Million. CONTRACTING WITHOUT PROVIDING FOR FULL OR OPEN COMPETITION (INCLUDING BRAND-NAME) DETERMINATION The non-competitive determination is based upon the market research conducted as prescribed in FAR Part 10--Market Research, which indicates that only Leica Microsystems is capable of providing the necessary support services because the equipment requiring hardware and software maintenance is proprietary to this company, the original equipment manufacturer. As such, only Leica Microsystems is authorized to provide service and parts for this equipment. No other company is able to provide original equipment manufacturer (OEM) parts, OEM trained technicians, or OEM-licensed software upgrades. The SP8 Confocal Electron microscope requiring maintenance is used for research purposes and non-functional or inappropriately calibrated equipment would irreparably damage NINDS VIIS longitudinal research data. For these many reasons and to ensure continuity of scientific research data, Leica Microsystems is the only contractor capable of meeting the needs of this requirement. This synopsis is not a request for competitive proposals. However, interested parties may identify their interest and capability to respond to this notice if it is believed that the requirement may be met competitively. 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. 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. DESCRIPTION OF REQUIREMENT Background The National Institute of Neurological Disorders and Stroke (NINDS) Viral Immunology and Intravital Imaging Section (VIIS) studies inflammatory diseases processes in the brain which are induced by injury or infection. As part of this research, the laboratory monitors and quantifies expression of inflammatory biomolecules in small volumes of bodily fluid using a Leica Microsystems SP8 Liachroic IR confocal imaging system. To ensure microscope technologies remain current and accurate, regular maintenance support service is required. Purpose and Objectives The purpose of this acquisition is to procure maintenance support services for a Leica Microsystems SP8 Confocal Laser Scanning Electron Microscope owned by the National Institute of Neurological Disorders and Stroke (NINDS) Viral Immunology and Intravital Imaging Section (VIIS). Project Description The Contractor shall provide the NINDS Viral Immunology and Intravital Imaging Section with the following support services for one (1) Leica Microsystems SP8 Liachroic IR Confocal Imaging System (Serial No. 8100001267/ NIH Equipment ID No. 11892866): 1) One (1) on-site full-system preventative maintenance inspection per contract period of performance. 2) Maintenance support service, inclusive of installation of hardware and software upgrades as issued and replacement service parts, components, and/or modules necessary for repairs. All maintenance support service must be provided by a Leica Microsystems-certified technician. 3) All new or replacement parts and software provided must be Leica Microsystems certified. 4) Service shall be provided between the hours of 6:00 AM and 6:00 PM, Bethesda, MD local prevailing time, Monday through Friday. Emergency maintenance support services must be provided as needed, excluding Federal holidays and weekends. 5) Telephone and e-mail support from a technician within 1 business day and on-site service within 2 business days after it is determined that the problem cannot be resolved through phone support. All labor and travel associated with this requirement shall be included. Support Technician Requirements All Field Service Engineers or Technicians (FSEs) providing services under this requirement must be original equipment manufacturer (OEM) certified to perform maintenance on Leica Microsystems equipment. FSEs must have completed any OEM-required training for this certification. The contractor must provide copies of these certificates for all FSEs performing service for this requirement. Government Responsibilities Government will provide Contractor personnel reasonable access to the Equipment for the required service repair. Government will cooperate with Contractor personnel so that Service can be performed efficiently and without interruption. Contractor shall be allowed use of Government equipment which Contractor personnel deem necessary to perform the Services. Please note that Contractor service technicians will have to be cleared at the NIH commercial vehicle inspection station located at 9000 Rockville Pike, Bethesda, MD to gain access to the premises. Place of Performance The place of performance shall be the NIH Main Campus, 10 Center Drive, Building 10, Room 5N243A, Bethesda, MD 20892. Period of Performance The period of performance shall be a one-year base period from February 22, 2017 through February 21, 2018, plus four (4) subsequent one-year option periods. Contract Type A firm fixed price purchase order with options to extend the term of the contract is anticipated. The total order value is expected to fall within the Simplified Acquisition Threshold. Invoicing shall be completed quarterly in arrears. RESPONSE INSTRUCTIONS Responses to this solicitation must include sufficient information to establish the interested parties' bona-fide capabilities of providing the product or service. Offerors must provide both 1) a technical response and 2) a separate price quotation. The price quote shall include: unit price, list price, product or catalog number(s); period of performance confirmation; product description; and any other information or factors that may be considered in the award decision. PLEASE ENSURE THAT ALL EVALUATION CRITERIA ARE SPECIFICALLY ADDRESSED IN ANY RESPONSE(S) SUBMITTED. EVALUATION CRITERIA FAR clause 52.212-2, Evaluation - Commercial Items (October 2014) applies to this acquisition and the specific evaluation criteria to be included in paragraph (a) of that provision are as follows: The Government will award a contract resulting from this requirement on the basis of best value, technical factors and price considered. Technical factors together shall be considered more important than price and all technical evaluation factors are detailed below. Factor 1: Technical Approach The contractor shall detail in its technical proposal how it shall meet each of the project requirements. This shall include the maintenance provision approach, including discussion of who shall perform the maintenance support, verification of contractor field service technician certifications to work on Leica Microsystems equipment, the replacement parts and software updates which shall be available for maintenance, and expected response times. Technical approach shall be evaluated for speed of response, brand of parts available, and certification of service technicians. Factor 2: Past Performance The Contractor shall provide a list of two (2) contracts or purchase orders completed during the past five (5) years, similar in size and scope to the microscope requirements outlined in this Statement of Work. Experience must be specific to provision of microscope support services and shall include the following information for each contract or purchase order listed: a. Name of Contracting Organization b. Total Contract Value c. Description of Requirement and Specific Responsibilities of the Offeror as they relate to this SOW d. Contract Period of Performance Past Performance shall be evaluated for relevance to the current requirement. EVALUATION METHOD Technical proposals will be evaluated using a summary adjectival rating in accordance with the following scale: Excellent The proposal has exceptional merit and reflects an excellent approach which will clearly result in the superior attainment of all requirements and objectives. This clearly achievable approach includes several advantageous characteristics of substance, and very few disadvantages, which can be expected to result in outstanding performance. The risk of unsuccessful performance is very low as the proposal provides solutions which are unquestionably feasible and practical. These solutions are further considered very low risk in that they are exceptionally clear and precise, fully supported, and demonstrate a clear understanding of the requirements. Risk Level: Very Low Good The proposal demonstrates a sound approach which is expected to meet all requirements and objectives. This sound approach includes advantageous characteristics of substance, and few relatively minor disadvantages, which collectively can be expected to result in satisfactory performance. The risk of unsuccessful performance is low as the proposal contains solutions which are considered feasible and practical. These solutions are further considered to reflect low risk in that they are clear and precise, supported, and demonstrate an understanding of the requirements. Risk Level: Low Acceptable The proposal demonstrates an approach which is capable of meeting all requirements and objectives. The approach includes both advantageous and disadvantageous characteristics of substance, where the advantages are not outweighed by the disadvantages. Collectively, the advantages and disadvantages are likely to result in acceptable performance. The risk of unsuccessful performance is moderate, as the proposal solutions are generally feasible and practical. These solutions may also be considered to reflect moderate risk in that they may be somewhat clear and precise, partially supported, and/or demonstrate a general understanding of the requirements. Risk Level: Neutral Marginal The proposal demonstrates an approach which may not be capable of meeting all requirements and objectives. The approach has disadvantages of substance and advantages, which if they exist, are outweighed by the disadvantages. Collectively, the advantages and disadvantages present a low or questionable likelihood of resulting in satisfactory performance. The risk of unsuccessful performance is high as the proposal contains solutions which may not be feasible and practical. These solutions may also be considered to reflect high risk in that they lack clarity and precision, are generally unsupported, and/or do not demonstrate a complete understanding of the requirements. Risk Level: High Unacceptable The proposal demonstrates an approach which, based on a very high risk, will very likely not be capable of meeting all requirements and objectives. This approach has several disadvantages of substance, and advantages which, if they exist, are outweighed by disadvantages. Collectively, the advantages and disadvantages are unlikely to result in satisfactory performance. The risk of unsuccessful performance is very high as the proposal contains solutions which are not feasible and practical. The solutions may also be considered to reflect very high risk in that they lack any clarity or precision. Risk Level: Very High APPLICABLE TERMS AND CONDITIONS INCORPORATED BY REFERENCE The FAR clauses and provisions below shall apply to this solicitation. 1. All Offerors MUST be actively registered in the System for Award Management (SAM) www.sam.gov. 2. The provision at FAR clause 52.212-1, Instructions to Offerors - Commercial Items (October 2017), applies to this acquisition. 3. A completed copy of the provision at FAR clause 52.212-3, Offeror Representations and Certifications - Commercial Items (January 2017), is required with any offer submitted. This requirement may be met by completion of the provision in the System for Award Management. 4. FAR Clause 52.212-4, Contract Terms and Conditions - Commercial Items (January 2017) is applicable to this acquisition. 5. FAR Clause 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (January 2017) apply to this acquisition. The following clauses shall be checked/included in this clause: 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) 52.222-3, Convict Labor (June 2003) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). 52.222-26, Equal Opportunity (Sept 2016) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-50, Combating Trafficking in Persons (Mar 2015) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) 6. FAR Clause 52.217-5: Evaluation of Options (July 1990) applies to this acquisition. 7. FAR Clause 52.217-9: Option to Extend the Term of the Contract (March 2000) applies to this acquisition as follows: (a) The Government may extend the term of this contract by written notice to the Contractor within the contract period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least thirty (30) days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years. 8. The Defense Priorities and Allocations System (DPAS) are not applicable to this requirement. In addition, the Dun & Bradstreet Number (DUNS), the Taxpayer Identification Number (TIN), and the certification of business size must be included in the response. CLOSING STATEMENT All responsible sources may submit a bid, proposal, or quotation which shall be considered by the agency. All responses must be received by the closing date of this announcement must reference solicitation number HHS-NIH-NIDA-SSSA-NOI-17-167. Responses shall be submitted electronically to contact@example.gov. Fax responses will not be accepted. For information regarding this solicitation, contact Lauren Phelps by email at contact@example.gov or by phone at +1 (555) 000-0000.