Signed_JA_Life_Tech_AB_Assurance_Maintenance_Redacted.pdf

Control # Gordon-2018-2

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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: Life Technologies Corporation Street Address: 5781 Van Allen Way City, State, Zip: Carlsbad, CA 92008 Phone: 1-800-955-6288 Opt. 3, 2

3. Description of Services or Supplies:

a. The total estimated dollar value of the proposed action is: $382,743.18 Base Year: $125,063.12, Option Year 1: $127,564.39, Option Year 2: $130,115.67

b. The Defense Forensic Science Center (DFSC) requests the sole source purchase of the Life Technologies Corporation service plan to perform annual preventative maintenance and service repair of Life Technologies 7500 Real-Time PCR Instruments, 3500 XL Genetic Analyzers, BSD 600 Duet, 9700-96 Well Sample Modules, ION Chef, and Veriti thermal cycler instruments. Services include preventative maintenance service, repairs, costs for any replacement parts and supplies, and technical support line.

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 U.S. Army Criminal Investigation Laboratory (USACIL) DNA Branch and DDB Branch require the Life Technologies Corporation Maintenance Agreement to support forensic laboratory accreditation compliance of installed instruments and equipment. (ISO 17025 ANSI-ASQ National Accreditation Board).

b. USACIL must also maintain compliance with the Federal Bureau of Investigation (FBI) Quality Assurance Standards. Standard 10 specifies equipment maintenance and calibration for critical instruments within the laboratory. The 7500 RT-PCR instruments and 3500 XL Genetic Analyzers are considered a critical instrument according to standard 10.2.1.4.

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c. The 7500 RT-PCR instrument is used by USACIL DNA Branch to determine the quantity of human DNA in a sample. This information is then used to determine whether a sample is suitable for DNA typing or not and what amount should be placed into the amplification reaction to obtain the best result. The BSD Duet is a sample punch instrument used for automated sampling of dried biological specimens. The COPAN CPA200 instrument is a semi-automated puncher with imaging technology, software capable of integrating with the laboratory Sample Tracking and Control System (STaCS). The 3500 XL Genetic Analyzers are used to separate DNA fragments of varying lengths based on size. This information is used to develop the DNA profile of an individual, which is used in forensic DNA casework. The accurate performance of these instruments is critical to the mission of the USACIL DNA Branch. Failure to perform repairs to manufacturer’s specifications could result in sub-standard performance of the instrumentation resulting in inaccurate data. Inaccurate data could result in samples not being carried forward for further analysis which otherwise would have. This could then result in an individual on the evidence processed not being identified.

d. Life Technologies Corporation is the sole provider of factory-trained service engineers who have exclusive access to manufacturer’s proprietary technical manuals, repair and maintenance procedures, and software application updates for this equipment. Life Technologies Corporation maintains intellectual property rights to its software and service tools software. Third party resellers and service providers are strictly prohibited from accessing, using or selling this software. Life Technologies does not authorize any third-party service provider in North America to perform maintenance and repair on Applied Biosystems Instruments. Life Technologies is the only source of replacement parts and manufacturer authorized service provider for AB instruments. Life Technologies is the only vendor capable of providing the necessary service inspections to maintain calibration and qualification services required for laboratory ISO accreditation. Life Technologies only trains service engineers employed with Life technologies.

e. Impact.

1) Award of this contract to any third party vendor will result in repair technicians attempting services without accurate or complete technical manuals, maintenance procedures, and access to proprietary software application updates required for this maintaining and calibrating this equipment to manufacturer standards, as required by ISO standards.

2) Engineer services from third party vendors would require that should the instrument in question need to be serviced by a Life Technologies engineer or placed back under service contract with Life Technologies, the instrument would need to be inspected first by an authorized Life Tech field service engineer and preventative maintenance performed at the customers expense, prior to any new maintenance, service or repair.

3) Failure to award this contract will result in failure to meet the standard 10.2.1 of the FBI Quality Assurance Standards which require that critical instruments are performance checked at least annually. Failure to meet this standard will negatively impact the USACIL maintaining status as an accredited laboratory.

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 19 October 2017. 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.

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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 service. No other company offers the sale of manufacturer certified warranty maintenance of the proprietary instruments produced by Life Technologies. Only the Life Technologies solution was found. The vendor has provided a sole source letter. 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.

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 Trina Wadley Contracting Officer

11. Review (over $150K): I have reviewed this justification and find it legally sufficient.

Legal Counsel