1-Symphony S6 Sole Source _Redacted.pdf

“Source Selection Information – see FAR 2.101 and 3.104”

1. Identification of the agency and contracting activity.

a. Federal agency and contracting activity. HHS/NIH/NIEHS

b. Sponsoring organization. D i v i s i o n o f I n t r a m u r a l R e s e a r c h ( DIR)

c. Project Officer Information.

Project Officer Name.

Mailing address. 111 T. W. Alexander Drive

E-mail address.

Telephone number.

2. Nature and/or description of the action being approved.

a. Acquisition purpose and objectives. Approval is requested to award a sole source contract in support of the DIR for preventive maintenance and repair of government owned BD Bioscience Symphony S6 flow cytometer.

The Flow Cytometry Center (FCC) is a core facility for use by employees of the National Institute of Environmental Health Sciences (NIEHS). The FCC provides researchers assess to a variety of state-of-the-art techniques and instrumentation that push the envelope on single cell analysis. The services provided are highly dependent on the performance of government owned instruments. To ensure that DIR continue to provide quality services to the laboratories of NIEHS, DIR has determined that it is in its best interest to have our instruments repaired on an as need basis and serviced and calibrated yearly. These services have been determined to be commercial services. This award is under the authority of Federal Acquisition Regulation (FAR) 13.5 Simplified Procedures for Certain Commercial Products and Commercial Services.

b. Project background. NIEHS located in the Research Triangle Park, North Carolina is one of the 27 Institutes and Centers composing the National Institutes of Health. The mission of NIEHS is dedicated to reducing the burden of diseases and dysfunctions associated with the environment. This mission is accomplished by conducting basic and applied research into the effects of environmental exposures on biological systems and human health, on the identification of susceptible human sub populations and on the interaction between the environment, genetics, and age.

Justification and Approval for Sole Source (J&A)

The NIEHS has a BD Biosciences Symphony S6 flow cytometer used to support the intramural research program. The instrument to be covered by this contract has been under warranty. The instrument is currently at an acceptable level of upkeep to the Government. The Flow Cytometry Center (FCC) is a core facility for use by employees of the NIEHS. The FCC provides researchers assess to a variety of variety of state-of-the-art techniques and instrumentation that push the envelope on single cell analysis.

Our BD Biosciences Symphony S6 flow cytometer is manufactured and sold exclusively by BD Biosciences. The technology is a BD Biosciences proprietary product and is not available from other sources.

BD Biosciences and no other source of suppliers can provide genuine BD Biosciences parts, timely maintenance, and upgrade service or services on these instruments. The anticipated base period of performance is January 1, 2025, through December 31, 2025, with four 1-year option periods (through 2029). Fiscal Year (FY) 2025 funds will be used to fund the base year of the contract.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

a. Project title. Preventive Maintenance and Repair of Government-Owned BD Biosciences Symphony S6 flow cytometer for DIR, NIEHS, Research Triangle Park, NC.

b. Project description. The purpose of this requirement is to provide

NIEHS/DIR with preventive Maintenance for our BD Biosciences Symphony S6 flow cytometer.

The contractor shall provide repair parts, labor, and travel. Unlimited technical support, with extended hours available to select markets. Targeted onsite service response within 2 business days. Two annual onsite preventive maintenance (PM) visit including one Essentials PLUS consumable parts kit. Discount Tier 3 applicable to service products, plus free shipping on consumable service parts. The contractor shall also provide any necessary documentation and training materials it has developed.

Training material may be modified to suit the needs of NIH.

A proactive service plan leveraging preventive maintenance (PM) in addition to repair and support. Includes repair parts, labor, travel, and unlimited technical support. Targeted onsite service response within 3 business days. Two annual onsite PM visit. Laser coverage included.

each potential repair requiring a separate procurement action.

Finally, BD Biosciences provides field service engineers who are specifically trained on the repair and maintenance of this particular instrument. Therefore no one can provide the services, specifically trained engineers, that are required to repair and/or maintain our flow cytometer. In short, by BD Biosciences is the only company that has the ability to provide field service engineers who are specially trained on the repair and maintenance of these particular pieces of equipment in a timely manner and provide direct phone support with a BD Biosciences engineer.

6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a FedBizOpps notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

As required by FAR Subpart 5.2 and supplemented by FAR Subpart 12.603, this contract action was publicized through the Government Point of Entry (GPE) SAM.gov via intent to sole source synopsis posted on 3/13/2024. No capability statements were received in response to the notice, and no other vendors (except the intended sole source, Becton Dickinson & Co.) expressed an interest in the requirement.

7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable.

An independent Government Cost Estimate has been developed (IGCE) based on the history of previous and/or similar contracts, current market conditions and program expectations. However, to ensure that the price will be fair and reasonable, the data from the IGCE will be compared with the proposal received

. An award will be made only if during negotiations; it is shown that the anticipated cost to the government will be fair and reasonable.

The Contracting Officer will determine prior to award that the negotiated price of the contract executed under this justification is fair and reasonable pursuant to FAR Subpart 13.106-3. This determination will be based upon a comparison of proposed prices with the independent Government Cost Estimate, and a comparison of proposed prices with prices obtained through market research for the same or similar services.

8. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

a. Mandatory Sources Search: The required services are specialized and unique to BD Biosciences.

b. Issuance of Notice of Intent: A synopsis was posted via a notice of intent to sole source issued for this requirement. The Contracting Officer has no reasonable expectation that offers will be obtained from at least two (2)