Software Site License Agreement

This is a combined/synopsis solicitation Notice of Intent for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are not being requested and a written solicitation will not be issued. The solicitation number for this acquisition is NIAIDNOI12061 and the solicitation is being issued as a Notice of Intent to procure on a sole source basis. This solicitation document and its incorporated provisions are those in effect through the Federal Acquisition Circular (FAC 2005-57, March 15, 2012). This acquisition will be processed under Simplified Acquisition Procedures (SAP) and is a Small Business Set-Aside. The National Institute of Allergy and Infectious Disease (NIAID) intend to procure from FlowJo, 340A Street #203, Ashland, OR 97520-1962; The North American Industry Classification System (NAICS) code for this requirement is 511210; which has a business size standard of $25.0. This requirement is for a FlowJo Software for (1) Yearly Site License Fee for the Division of Intramural Research (DIR), NIAID, NIH. FlowJo is the most cited in scientific journals and is the most favored flow cytometric software available for scientific investigators. Having access to a reduced cost license and section that manages the administrative functions of a site license is a valued service to researchers of the DIR. FlowJo does not authorize other vendors to sell site licenses or reduced-cost individual licenses. As the software developer, they remain the exclusive distributor of their product. The following factors for the analysis to be reliable and timely: 1) 400 individual licenses for the newest release of FlowJo software, calculated based on usage determined quarterly; on-demand for research personnel within NIAID DIR; 2) Unlimited technical support by phone or e-mail for all NIAID DIR license users; 3) Software upgrades for the program to all NIAID DIR users as they become available without additional charges; and 4) Any overages (acquisition of more than 400 licenses) will be allowed and invoiced at end of the contract period. The Flow Cytometry Section of the Research Technologies Branch (RTB), National Institute of Allergy and Infectious Diseases (NIAID), National Institutes of Health (NIH) maintains a site license for FlowJo, a flow cytometry analysis program, for the entire Division of Intramural Research (DIR). This license enables all researchers within DIR to utilize this software for a cost significantly less than many licenses purchased separately. The performance period will end 01/31/2013. The government will award a firm fixed-price contract and the FOB terms are "Destination" and Net 30. Award will be based on: 1) Technical capabilities to meet the required specifications; 2) warranty, and 3) Price. The FAR provisions and clauses that apply to this acquisition are: FAR 52.212-1, Instructions to Offerors, Commercial Items; FAR52.212-2 Evaluation-Commercial Items, FAR 52.212-3, Offeror Representations and Certifications-Commercial Items; FAR52.212-4 Contract Terms and Conditions Commercial Items: FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders, Commercial Items; FAR 52.225-1, Buy American Act-Supplies; FAR 52.204-7, Central Contractor Registration; FAR 52.232-34, Payment by Electronic Funds Transfer- Central Contractor Registration. In order to be considered for an award, an offeror must have completed the online electronic Representations and Certifications located at http://orca.bpn.gov/ in accordance with FAR 4.1201(a). By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR at www.ccr.gov/ prior to award, during performance, and through final payment of any contract, basic ordering agreement, or blanket purchase agreement resulting from this solicitation [Note: Lack of registration in the Central Contractor Register (CCR) will make an offeror ineligible for award.] This Notice of Intent is not a request for competitive proposals; information received will normally be considered solely for the purpose of determining whether to conduct a future competitive procurement. Offers must be submitted no later than 5:00 P.M. Eastern Time on Wednesday, April 4, 2012. For delivery of responses through the Postal Service, the address is NIH/NIAID/AMOB, 10401 Fernwood Drive, Suite 2NE22C, MSC 4811 Bethesda, Maryland 20892-4812. E-mail and Fax submissions are not authorized. Requests for information concerning this requirement must be submitted in writing, and can be faxed to 301-480-0469, or e-mailed to kneppermi@mail.nih.gov. It is the vendor's responsibility to confirm receipt of all proposals and/or questions by the closing date of this announcement by contacting Mia Knepper at 301-402-6315. Collect calls will not be accepted.