JA_Qiagen_EZ1_Adv_XL_Gordon-2019-5_Redacted.pdf

Control # Gordon-2019-5

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SOLE SOURCE JUSTIFICATION

(Not Exceeding $650K)

1. Agency/Contracting Activity: Mission and Installation Contracting Command (MICC) - Fort Gordon, GA.

2. Description of Action:

Nature: New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number

Pricing: Firm-Fixed Price Time & Materials Cost

Funds: OMA Other Funds:

An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

Name of Proposed Contractor: Qiagen, LLC Street Address: 19300 Germantown Road City, State, Zip: Germantown, MD 20874-1415 Phone: 1-800-426-8157

3. Description of Services or Supplies:

a. The Defense Forensic Science Center Forensic Exploitation Directorate has a mission essential requirement for the procurement of Qiagen EZ1 Advanced XL DNA extraction instruments

b. The total estimated dollar value of the proposed action is: $337,751.82

4. Authority: 10 USC 2304, 41 U.S.C. 1901, FAR 13.5 (a)(2)-- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Reasons for Authority Cited:

a. The Defense Forensic Science Center (DFSC) located at the Gillem Enclave in Georgia, provides forensic laboratory services to the Department of Defense investigative agencies and other Federal law enforcement agencies. The DFSC Forensic Exploitation Directorate (FXD) provides global forensic exploitation capabilities in support of the full range of military operations in CONUS and OCONUS locations. The QIAGEN EZ1 Advanced XL is employed by the DNA Branch of the Forensic Exploitation Directorate and the USACIL DNA Branch supporting DNA case examinations.

b. The QIAGEN EZ1 Advanced XL allows the extraction of more samples simultaneously, increasing the efficiency of DNA extraction procedures. The purchasing of these instruments and supplies will also ensure continuity of ISO 17025 ANSI-ASQ National Accreditation Board accredited processes at DFSC. The contract will deliver commercial off-the-shelf bundled forensic

-2-laboratory equipment, supplies and installation service including the system hardware and software not available through Army CHESS or DoD ESI contracts.

c. QIAGEN Inc holds the patents and is the only company that manufactures QIAGEN instrumentation, performs installation and provides maintenance and training services for this equipment. Qiagen is also the sole-source distributor and installer of this equipment.

d. Impacts.

1) Failure to obtain approval of this J&A will result in DFSC not being able to obtain the equipment required to maintain ISO laboratory processes for mission critical criminal and sexual assault investigations.

2) Award to another vendor or manufacturer of forensic instruments with similar specifications and characteristics. This would compromise ongoing DNA research and potentially invalidate forensic examination laboratory results. Other manufacturers of DNA extraction instrumentation have been evaluated at USACIL and compared with the Qiagen EZ1 Advanced XL DNA extraction instruments. The Qiagen EZ1 Advanced XL DNA extraction instruments provided the best quantity and quality of DNA extracts in that comparison. If other DNA extraction equipment were purchased from a different vendor, that equipment would have to be subjected to a lengthy and costly validation process before use and demonstrate the ability to provide the quality of DNA extraction results we obtain from the Qiagen equipment.

6. Actions to Increase Competition: DFSC research scientists are continually researching sources of information and services to enable forensic examiners to conduct effective and reliable examinations. Market research consists of internet research, literature reviews, discussions with vendors, and other professional resources attending forensic science and technical conferences and industry events. If DFSC identifies a similar requirement, every effort will be made to compete it to the maximum extent possible.

A notice was publicized on FedBizOpps are required by FAR 5.201 on 12 March 2019. To date no firms have expressed an interest in this procurement effort. To increase competition the MICC-Fort Gordon will continue to synopsize and conduct market research to ensure there are no other vendors that can provide the requirement. The Government will issue a sole source synopsis and address any responses accordingly.

7. Market Research: Extensive research was conducted (Internet searches, telephonic communications, forensic conference exhibits, electronic communications, and literature searches) to determine the availability of manufacturer authorized warranty maintenance and repair programs for these instruments. No alternative vendor including from the GSA Schedule, or the open market is available to provide this equipment. Market survey inquiries via emails identified Qiagen, Inc as the only distributor of the required products. Qiagen has verified their vendor distribution channels by email. The Government will issue a sole source synopsis and address any responses accordingly.

8. Technical / Requirements Certification: I certify that the supporting data under my cognizance, which is included in this abbreviated J&A is accurate and complete to the best of my knowledge and belief.

Submitted By:

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Date: 21 March 2019

9. Fair and Reasonable Cost Determination: As Contracting Officer, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Price reasonableness will be determined based on market research, negotiation, and comparison with the Government estimate.

10. Contracting Officer’s Approval: I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

X Tara McAdoo

Contracting Officer

MCADOO.TARA.LAF

ONDA.1110547087

Digitally signed by

MCADOO.TARA.LAFONDA.1110547087

Date: 2019.03.26 14:40:07 -04'00'