Maintenance/Service Agreement for NINDS's Glacios Cryo-TEM System

INTRODUCTION THIS IS A PRE-SOLICITATION NON-COMPETITIVE (NOTICE OF INTENT) SYNOPSIS TO AWARD A CONTRACT WITHOUT PROVIDING FOR FULL OR OPEN COMPETITION (INCLUDING BRAND-NAME). The National Institute of Neurological Disorders and Storke (NINDS) intends to contract on a sole source basis with FEI Company to provide a Maintenance/Service Agreement for the NINDS's Glacios Cryogenic Transmission Electron Microscope (Cryo-TEM) System. The circumstances that limit the availability of this service is that FEI Company/Thermo Fisher Scientific is the manufacturer of the equipment items comprising the Glacios Cryo-TEM System and the only vendor authorized to provide maintenance, repairs, and support services for the Glacios Cryo-TEM System in the United States. The NINDS's Glacios Cryo-TEM System includes Thermo Scientific Ceta 16M camera, Thermo Scientific Falcon 4 direct electron detector, Thermo Scientific Glacios cryogenic transmission electron microscope, Thermo Scientific TEM data acquisition software license, and Thermo Scientific Smart EPU software license. FEI Company does not authorize any other vendor to provide or perform any maintenance, repair, parts replacement, and software updates for these Glacios Cryo-TEM equipment items. Therefore, FEI Company is the only vendor capable of providing the necessary maintenance, repair, servicing, and software updates for the NINDS's Glacios Cryo-TEM System. NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE The intended procurement is classified under NAICS code 811210 - Electronic and Precision Equipment Repair and Maintenance, which has a small business standard of $34 million. REGULATORY AUTHORITY This acquisition is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13'Simplified Acquisition Procedures. Contracts awarded using FAR Part 13'Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6'Competition Requirements. FAR Subpart 13.106-1 (b) Soliciting from a single source provides that: For purchases not exceeding the simplified acquisition threshold, Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name OR industrial mobilization). The resultant contract will include all applicable provisions and clauses in effect through the Federal Acquisition Circular (FAC) 2024-06 effective July 30, 2024. DESCRIPTION OF REQUIREMENT PURPOSE AND OBJECTIVES: The mission of the National Institute of Neurological Disorders and Stroke (NINDS) is to conduct and support medical research and research training and to disseminate science-based information on neurological disorders and stroke to improve people's health and quality of life. The NINDS supports a wide range of medical research through grants to universities and other medical research institutions across the United States. The NINDS also supports scientists who conduct basic, translational, and clinical research across a broad spectrum of research topics and serious, chronic diseases and conditions related to the Institute's mission. In addition, the NINDS supports research training for students and scientists, and a range of education and outreach programs bringing science-based information to patients and their families, health care professionals, and the public. The NINDS's Cryo-Electron Microscopy Facility (Facility) provides services to several NINDS's structural biology labs that use cryogenic electron microscopy single particle analysis to study the structures of proteins and macromolecules. The Facility's services include planning electron microscopy experiments, sample preparation and imaging, operation of the Glacios Cryo-TEM System, and data analysis. Sample preparation involves screening of cryo-EM samples using the Facility's Glacios Cryo-TEM System. Thus, the optimal operation of this Equipment is essential to the Facility's ability to continue providing cryo-EM services to NINDS labs and producing accurate results. To maintain the Equipment in optimal operating condition, the Facility requires a maintenance/service agreement with the Equipment's manufacturer, Thermo Fisher Scientific d/b/a FEI Company. This Glacios Cryo-TEM System consists of several components, including Thermo Scientific Ceta 16M camera, Thermo Scientific Falcon 4 direct electron detector, Thermo Scientific Glacios cryogenic transmission electron microscope, Thermo Scientific Smart EPU software license, and Thermo Scientific TEM data acquisition software license. The Glacios Cryo-TEM System is located at the NIH Main Campus, 35 Convent Drive, Building 35A, Room BD918A, Bethesda, Maryland 20892. NINDS requires the following: All the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government as needed to perform: Maintenance/Service Agreement for the Glacios Cryo-TEM System, which includes the above-listed equipment items. The Maintenance/Service Agreement shall include the following coverage: Contractor shall provide a Thermos Fisher Scientific/FEI Company-trained and authorized manufacturer-trained and authorized technician/engineer to perform one (1) Preventative Maintenance (PM) visit performed annually on all covered equipment items by the equipment manufacturer. PM visit shall be coordinated with Contracting Officer's Representative (COR) and performed on site. Contractor shall provide a Thermo Fisher Scientific/FEI Company-trained and authorized technician/engineer to repair and/or replace any parts required to maintain the Glacios Cryo-TEM System in optimal operating condition. Repairs shall be performed within 48 hours of the Contractor receiving a service request from the NINDS for the Glacios Cryo-TEM System. If parts replacement is required, such parts shall be delivered by the manufacturer via overnight shipping. Contractor shall provide a Thermo Fisher Scientific/FEI Company technician/engineer and any required parts to replace X-FEG electron source, when needed. Maintenance/Service Agreement shall include unlimited scientific support by phone and remote support from Thermo Fisher Scientific/FEI Company. All parts, labor, and travel costs associated with PM visit shall be covered by the Maintenance/Service Agreement. All parts, labor, and travel costs associated with any service request for repair or maintenance shall be covered by the Maintenance/Service Agreement. Scientific phone support from Thermo Fisher Scientific/FEI Company.. PERIOD OF PERFORMANCE: The start and end dates of the maintenance/service agreement shall be August 13, 2024 to August 13, 2025. CONTRACTING WITHOUT PROVIDING FOR FULL OR OPEN COMPETITION (INCLUDING BRAND-NAME) DETERMINATION The determination by the Government to award a contract without providing for full and open competition is based upon the market research conducted. Specifically, FEI Company is the only vendor in the United States that can provide the required services for the NINDS's Glacios Cryo-TEM System. The circumstances that limit the availability of this service is that FEI Company, as the manufacturer and only authorized provider in the United States of maintenance and servicing for the Glacios Cryo-TEM equipment, is the only contractor authorized and capable of providing the necessary repairs, maintenance, support services, software updates on the Glacios Cryo-TEM System. Moreover, FEI Company has not authorized any other vendor to provide maintenance or repair services on the Glacios Cryo-TEM equipment because the equipment is proprietary. As a result, FEI Company is the only source of OEM-trained, certified technicians authorized to provide these services including maintaining and servicing the NINDS's Glacios Cryo-TEM System. The intended source is: FEI Company 5350 N.E. Dawson Creek Dr. Hillsboro, OR 97124-5793 CLOSING STATEMENT THIS SYNOPSIS IS NOT A REQUEST FOR COMPETITIVE PROPOSALS. However, interested parties may identify their interest and capability to respond to this notice. 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. All responsible sources may submit a capability statement, proposal, or quotation which shall be considered by the agency. 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. Responses to this notice shall contain sufficient information to establish the interested parties' bona-fide capabilities for fulfilling the requirement and include: unit price, list price, shipping and handling costs, the delivery period after contract award, the prompt payment discount terms, the F.O.B. Point (Destination or Origin), the Unique Entity ID (UEI), the Taxpayer Identification Number (TIN), and the certification of business size. All offerors must have an active registration in the System for Award Management (SAM) www.sam.gov. All responses must be received by the closing date and time of this announcement and must reference the Project Title, - Maintenance/Service Agreement for NINDS's Glacios Cryo-TEM System. Responses must be submitted electronically to Marlene Milgram, Contracting Officer, at marlene.milgram@nih.gov. Mailed and faxed responses will not be accepted.