NOI - Service and Maintenance of Flow Cytometers

PRE-SOLICITATION NON-COMPETITIVE

NOTICE OF INTENT TO SOLE SOURCE

Solicitation Number: PCA-NIEHS-00125

Title: Service and Maintenance of Flow Cytometers

Response Date: April 15, 2026, at 4:00 p.m. EST

Primary Point of Contact:

Elaine Estrella, Contract Specialist - elaine.estrella@nih.gov
Brian Lind, Contract Specialist - brian.lind@nih.gov

INTRODUCTION:

The National Institute on Environmental Health and Safety (NIEHS), a part of the National Institute of Health (NIH) intends to negotiate and award a sole-source contract to Becton Dickinson (BD) Biosciences. This contract is for the continued service and maintenance of critical, government-owned flow cytometer instruments located at the NIEHS laboratories in Research Triangle Park (Durham), North Carolina.

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE and SET ASIDE STATUS

NAICS Code: 811210 - Electronic and Precision Equipment Repair and Maintenance with a business size standard classification of $34M. This acquisition is NOT set aside for small business.

REGULATORY AUTHORITY

The resultant contract will includeall applicable provisions and clauses in effect through the Federal Acquisition Circular (FAC) 2024-07 dated 08-29-2024

This acquisition is conducted under the procedures as prescribed in FAR subpart 13.5 - Simplified Procedures for Certain Commercial Items and FAR subpart 12 - Acquisition of Commercial Items at an amount exceeding the SAT and not exceeding $7 million. 

STATUTORY AUTHORITY

This acquisition is for a commercial item or service and is conducted under the authority of the FAR Subpart 13.5—Simplified Procedures for Certain Commercial Items and the statutory authority of [specify the applicable authority: (1) FAR 6.302-1—Only one responsible source and no other supplies or services will satisfy agency requirements 41 U.S.C. 3304 (a)(1).

DESCRIPTION OF REQUIREMENT:

PURPOSE

This acquisition is for a commercial item or service and is conducted under the authority of the FAR Subpart 13.5—Simplified Procedures for Certain Commercial Items and the statutory authority of [specify the applicable authority: (1) FAR 6.302-1—Only one responsible source and no other supplies or services will satisfy agency requirements 41 U.S.C. 3304 (a)(1).

OBJECTIVES

These instruments are essential to the NIEHS mission of researching environmental effects on human health. The required services will ensure the operational readiness and data integrity of the following equipment:
•    Qty 1 - Fortressa (no lasers), S/N: R647800L6084
•    Qty 1 - High Throughput Sampler, S/N: U030100073
•    Qty 2 - S6 (no lasers), S/N: R66293700049 and R66293700115

The Contractor shall provide all necessary services, qualified personnel, materials, and equipment to perform comprehensive maintenance and repair. The Contractor must be an authorized OEM service provider.
Key requirements include:
•    Personnel: All services must be performed by OEM-certified and factory-trained field service engineers experienced with the specified instruments.
•    Parts: The Contractor must use only genuine, OEM-manufactured parts. The Contractor must maintain an adequate supply of parts or obtain any required part within 48 hours of a service technician's assessment.
•    Coverage: The contract must cover all costs for repairs, including all parts, labor, and travel.
•    Support: Provide priority technical support, including direct telephone access to an OEM-trained engineer.
•    Warranty: All repair services must be warranted for a minimum of 6 months, and replacement parts must have a minimum 12 month warranty.
•    Documentation: Provide written service documentation after completing any maintenance or repair.
Preventive Maintenance (PM):
•    One scheduled PM visit per instrument per year during normal business hours (Mon-Fri, 8:00 am – 5:00 pm, excluding Federal holidays).
•    Perform all necessary calibrations, alignments, adjustments, lubrications, and part replacements to ensure the instrument operates according to published specifications.
•    Install proprietary software updates and revisions as needed.
Repair Services:
•    Provide on-demand repair services for any equipment malfunction.
•    Technicians must have access to all proprietary diagnostic software and test equipment required for effective troubleshooting and repair.

PERIOD OF PERFORMANCE: The period of performance shall be 12 months with an option to extend for another 12 months. 

BASE YEAR: April 20, 2026 to April 19, 2027
OPTION YEAR: April 20, 2027 to April 19, 2028

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, BD Biosciences is the Original Equipment Manufacturer (OEM) of the flow cytometers listed herein. These are highly complex and proprietary instruments. Only BD Biosciences and its authorized agents can provide the required services for the following reasons:

•    Proprietary Technology: The equipment's hardware, software, and diagnostic tools are proprietary to BD Biosciences. Access to this technology is required for proper maintenance, calibration, and repair.
•    Certified Technicians: BD Biosciences technicians undergo specific factory training and are certified to work on these systems. Use of unauthorized technicians could result in equipment damage and void existing warranties.
•    Genuine Parts: To ensure data integrity and reliable instrument operation, all replacement parts must be from the OEM. BD Biosciences is the sole manufacturer and distributor of these parts.

Market Research: Extensive market research, conducted in accordance with FAR Part 10, confirmed that no other vendors are authorized or capable of providing the required level of service. This research included reviews of GSA Advantage, the Dynamic Small Business Search (DSBS), and outreach to industry experts, none of which identified an alternative source.
Therefore, only BD Biosciences is the only source capable of meeting the Government’s requirements.

The intended source is:

BD Biosciences
155 North McCarthy Boulevard
Milpitas CA 95035
USA

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. This notice does not obligate the Government to award a contract or otherwise pay for the information provided in response.

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 Dun & Bradstreet Number (DUNS), 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 solicitation number, PCA-NIEHS-00125. Responses must be submitted electronically to Elaine Estrella, Contract Specialist at elaine.estrella@nih.gov or Brian Lind, Contract Specialist at brian.lind@nih.gov