SERVICE AGREEMENT FOR FACSYMPHONY A5 SPECTRAL CELL ANALYZER AND HIGH THROUGHPUT SAMPLER

Active

Contract Opportunity

This notice is a combined synopsis/solicitation for commercial items using Simplified Acquisition Procedures. This acquisition will be made in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 “Streamlined Procedures for Evaluation and solicitation for commercial Items,” as applicable, and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation (a written solicitation will not be issued) and quotes are being requested. The Solicitation number is RFQ-NIAID-25-2244170 and the solicitation is issued as a Request for Quotes (RFQ).

This acquisition will be processed under FAR Part 13 Simplified Acquisition Procedures (SAP). The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-07, 09/30/2024.

The North American Industry Classification System (NAICS) code for this procurement is 811210, Other Electronic and Precision Equipment Repair and Maintenance, with a small business size standard of $34 million. The requirement is being competed full and open competition, un-restricted and without a small business set-aside.

The National Institute of Allergy and Infectious Diseases (NIAID) has a requirement for a service agreement for BD FACSymphony A5 Spectral Cell Analyzer and High Throughput Sampler service agreement, period of performance 12/13/2024 – 12/12/2025.

1. FACSymphony A5 Spectral Cell Analyzer Standard Config, Customer Material# 664954, Serial# R6649540117, Manufacture - BD Biosciences. Qty. 1


2. High Throughput Sampler, Customer Material# 647701, Serial# R647701001847, Manufacture - BD Biosciences. Qty. 1

The Contractor MUST provide the following services:

FACSymphony A5 Spectral Cell Analyzer coverage:

• Parts, labor, and travel for remedial repair.


• 2 Preventative Maintenance Inspections to be performed during twelve-month period.


• 2 Preventative Maintenance Kits.


• Software Revisions released during the period of performance.


• Unlimited service visits, Monday-Friday excluding holidays.


• 48 hour-guaranteed response to a request for emergency on-site service Monday­ Friday. If BD fail to meet commitment, a $500 Response Time Credit will be issued,


• Unlimited telephone support for instruments, reagents, and applications will be provided at no additional charge.

High Throughput Sampler coverage:

• Unlimited phone support for instruments, reagents, and applications will be provided at no additional charge.


• Replacement with a certified refurbished unit, if required, at the discretion of BD Biosciences. Replacement, if required, will be provided within two business days.


• 1 Preventive Maintenance Inspection will be performed during a twelve month period in conjunction with the superior equipment's Preventive Maintenance Inspection.


• 1 Preventative Maintenance Kit.


• The user agrees to return the malfunctioning HTS within five business days upon receipt of replacement.


• The vendor will assume all costs associated with labor, shipping and parts, excluding consumable items.

Priority scheduling and onsite response for all repairs during the period of performance. Priority is defined as giving priority scheduling equal to a direct contract and guaranteeing the equivalent manufacturer’s priority onsite response. If you are a third-party service provider, the priority scheduling and/or response time, must be listed on a capabilities statement, as well as documentation of OEM trained technicians is required.

Place of Performance: NIH, 9000 Rockville Pike, Bldg. 40 Bethesda, MD 20892, United States. FOB: Destination

The government intends to award a firm fixed price purchase order to the responsible contractor as a result of this RFQ that will include the terms and conditions set forth herein. The award will be based on the following: technical capability to meet the requirements and price.

The following FAR provisions apply to this acquisition:

FAR 52.212-1 Instructions to Offerors Commercial Items (SEP 2023)

FAR 52.212-3 Offerors Representations and Certifications - Commercial Items (MAY 2024)

FAR 52.204-7 System for Award Management (OCT 2018)

(Offerors must complete annual representations and certifications on-line at http://www.sam.gov/ in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items (Please ensure FAR 52.209-2 -- Prohibition on Contracting with Inverted Domestic Corporations--Representation. (NOV 2015) is updated in your SAM record)

FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements – Representation (JAN 2017)

FAR 52.204–26 Covered Telecommunications Equipment or Services-Representation

(OCT 2020) *** Must complete representation if attached to this solicitation- see attachment 52.204-26

The following FAR contract clauses apply to this acquisition:

FAR 52.212-4 Contract Terms and Conditions Commercial Items (NOV 2023)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (MAY 2024)

*The applicable subparagraphs of FAR52.212-5 are included in the attachment to this posting.

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)

FAR 52.204-13 System for Award Management Maintenance (OCT 2018)

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

FAR 52.217-8 Option to Extend Services (NOV 1999)

FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

HHSAR 352.222-70, Contractor Cooperation in Equal Employment Opportunity Investigations (DEC 2015)

FAR 52.252-2 -- Clauses Incorporated by Reference. (FEB 1998)

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: http://farsite.hill.af.mil/vffara.htm

By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the System for Award Management (SAM) database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation (www.sam.gov).

Copies of the above-referenced provisions and clauses are available from http://www.acquisition.gov/far/loadmainre.html & http: //www.hhs.gov/regulation/index.html or, upon request, either by telephone or fax.

Submission shall be received not later than October 21, 2024 @ 12:00 am EST

All quotations and required documents must be submitted via the NIAID electronic Simplified Acquisition Submission System (eSASS) website at https://esass.nih.gov. All vendors must register in the eSASS system to submit a quotation. Instructions on how to register / submit quotes are included on the website. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). All responsible sources may submit an offer that will be considered by this Agency.

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