NIA 23-005935

Post Date/ Solicitation Issue Date

May 8, 2023 12:00 pm

Closing Response Date

May 18, 2023 5:00 pm

Proposed Award Date

May 22, 2023 12:00 pm

Project Title

Biorender Software Institutional License

Contracting Office

National Institute on Aging (NIA)

Small Business Size Standard

$47M

FPDS Classification Code

DA10

Estimated Period of Performance

June 11, 2023 - June 10, 2024

Delivery of Goods

Renewal upon award

Competition Status

Brand Name Only

Single-Sole Source Determination

Statutory Authority: This acquisition is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13—Simplified Acquisition Procedures, Subpart 13.106-1 (b) (1), Soliciting from a single source and is not expected to exceed the simplified acquisition threshold. Contracts awarded using FAR Part 13—Simplified Acquisition Procedures and at a dollar value less than the simplified acquisition threshold are exempt from the requirements of FAR Part 6—Competition Requirements.

The essential characteristics of the BioRender tool that limit the availability to a sole source are: The ability to create scientific illustrations at least 50-fold faster than any other software license currently known. It also provides over 20,000 icons for scientific illustration with full support for creating custom icons using a web-based interface. Only this suggested source can furnish the requirements, to the exclusion of other sources, because BioRender is the only company who can provide this license for software use for publishing illustrations in scientific journals. BioRender is a webtool with an ever-growing number of icons (currently over 20,000) from over 30 fields of science. This helps to create beautiful scientific illustrations within minutes by using drag-drop feature. Most of these icons are editable and can be customized according to the need of the researcher. Moreover, the company offers service for creating custom icons (included with annual subscription) within 48 hours of request. This has led to creating scientific illustration over 50-times faster than any other tool currently known. NIA/IRP did a pilot subscription for a few months and there are 72 scientists currently using this software license. Due to its proven success within the NIA/IRP, the agency needs to renew the annual license. Additionally, the vendor has provided a sole-source letter stating that they are the sole authorized developer, distributor, and support provider of the BioRender software license worldwide.

Background/Description of Requirement

This acquisition is being conducted under Federal Acquisition Regulations (FAR) Part 13 – Simplified Acquisition Procedures, and the resultant contract award will include all applicable provisions and clauses in effect through Federal Acquisition Circular 2023-02 dated March 16, 2023.

The Laboratory of Genetics and Genomics, National Institute on Aging (LGG/NIA), requires a license for software to create scientific illustrations. Drawing publication quality scientific illustration was a major hurdle in the past. Scientists previously used generic shapes like circles and squares in generic drawing programs to make rough sketches of biological processes and pathways. Otherwise, scientists need to contact artists for the figures, which is costly and time consuming. This license for software use will be used for creating professional science figures for manuscripts and presentations by researchers at NIA-Intramural Research Program (IRP). Due to high demand, it is necessary to renew the institute-wide license for this software use.

Purchase Description: Academic - Unlimited (Renewal Software License)

Salient characteristics:

Institutional 12-Month License for Software include the following:

• Full access for the 12-month period
• Unlimited Use, Unlimited Seats for 12 months
• Onboarding and setup (and training and support materials)
• On-demand support
• Team/lab shared files and collaboration
• Unlimited file storage and management
• Permission for educational use and publishing
• Quarterly usage + access reports
• Monthly webinar access

Quantity: One (1)

Contract Type: A Firm Fixed Price type order award not exceeding the Simplified Acquisition Threshold is anticipated to be awarded resulting from this requirement.

Summary Statement:

The Unique Entity Identifier (UEI), the Taxpayer Identification Number (TIN), certification of country of ownership, and the certification of business size must be included in the response.

All offerors must have an active registration in the System for Award Management (SAM) www.sam.gov.” 

Quoter Terms and Conditions (To be completed by the Offeror):

1. Period of Performance OR Delivery Date After Receipt of Order:
2. Shipping Point (F.O.B. OR Destination):
3. Payment Discount Terms:
4. Open Market; GSA FSS Contract Number; Other Government Agency (OGA) Contract Number, Government-Wide Agency (GWAC) Contract Number; or National Institute of Health (NIH) Blanket Purchase Agreement (BPA) Number:
5. SAM Unique Entity Identifier (UEI) No:
6. Name of Company:
7. Street Address, City, State, Zip code:
8. Name of Person Authorized to Provide Quote:
9. Telephone Number and Email Address of Person Authorized to Provide Quote:

Additional Terms and Conditions, Provisions, and Representations:

The FAR Clauses are incorporated by reference and are provided in full text at https://www.acquisition.gov/

1. FAR Provision 52.212-1 Instructions to Offerors-Commercial Items (Mar 2023) is applicable to this solicitation.
2. FAR Provision 52.212.2 Evaluation-Commercial Items (Nov 2021) is applicable to this solicitation. The Government will evaluate quotations or offers in accordance with FAR 13.106-2 and award a purchase order from this solicitation to the responsible offeror whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes: Technical capability of the item offered to meet the Government requirement; Price; and Past performance [see FAR 13.106-2(b)(3)]
3. FAR Provision 52.212-3, Offeror Representations and Certifications-Commercial Items (Dec 2022), is applicable to this solicitation 
4. FAR Clause 52.212-4, Contract Terms and Conditions-Commercial Items (Dec 2022) is applicable to this solicitation.
5. FAR clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Mar 2023) is applicable to this solicitation.  

In addition, the following FAR provisions and clauses are applicable to this solicitation and incorporated by reference: 

1. 52.204-7 System for Award Management (Oct 2018) 
2. 52.204-13 System for Award Management Maintenance (Oct 2018) 
3. 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 
4. 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)
5. 52.211-6, Brand Name or Equal (Aug 1999)
6. 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83)
7. HHSAR 352.239-73, Electronic and Information Technology Accessibility Notice (December 18, 2015).

The following provisions and clauses apply to this acquisition and are incorporated as an attachment. Offerors MUST complete the provision at 52.204-24 and 52.204-26 and submit a completed copy as a separate document with their quotation.

1. FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)
2. FAR 52.204-25, Prohibition on Contracting for Certain Video Surveillance Services or Equipment (Nov 2021)
3. FAR 52.204-26, Covered Telecommunications Equipment or Services- Representation (Oct 2020)
4. NIH Invoice and Payment Provisions

All responses must be received by 5/15/2023, at 5:00 PM EST and must reference announcement/solicitation number 23-005935. Responses may be submitted electronically to Carla Blalock (carla.blalock@nih.gov).  Fax responses will not be accepted.