A.02. FAR-Part13-5-Sole-Source for W81XWH21P0047 - Final - Redacted.pdf

Control No: JA-21-11-00226 Contractor: Bio-Rad

Program/Equipment: Preventive Maintenance Service Contract for Five Bio-Rad Equipment

Version –March 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: Preventive Maintenance Service Contract for Five Bio-Rad Equipment

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5.

Amount:

Prepared by: DSN:

Date:

Contracting Officer: DSN:

Date

Technical: DSN:

Date:

Requirements: DSN:

Email:

Reviews: I have reviewed this justification and find it adequate to support sole source.

Program/Equipment: Preventive Maintenance Service Contract for Five Bio-Rad Equipment

Version – March 2017 FOR OFFICIAL USE ONLY

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Sole Source Justification and Approval

1. Contracting Activity: US Army Medical Research Acquisition Activity (USAMRAA)

2. Description of Action: US Army Medical Research Directorate – Armed Forces Research Institute of Medical Sciences (USAMRD-AFRIMS) requests a firm-fixed-price contract with Bio-Rad. The Government projects award for December 2020 and fiscal year 2021, fund type is DHPRDTE, R.0022592.20.5.1.7 fund will be used.

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).

3. Description of Supplies/Services:

Non-personal services for preventive maintenance and repair services contract for five Government Owned pieces of Bio-Rad equipment. The service are to be performed annually and for emergency repairs during the base year and four 1-year option periods.

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 (or 41 U.S.C. 1903 for Special Emergency Procurement) as implemented by FAR Subpart 13.5:

Unusual and compelling urgency Exclusive licensing agreements Industrial mobilization Other: One responsible source per FAR 13.501(a)(1)(i)

5. Reason for Authority Cited:

(a) Bio-Rad is the Original Equipment Manufacture of the following: QX200 DDPCR Reader MP - S/N: 722BR5188, CFX96 Touch RT SYS MP – S/N: CT028404 , CFX96 Touch RT SYS MP – S/N: 785BR16474, T100 Thermal Cycler MP – S/N:

621br39784, T100 Thermal Cycler MP – S/N: 621BR27250. BD has provided a letter of authorization for Bio-Rad Thailand as the only service provider in Country.

The equipment is located in Bangkok Thailand. Bio-Rad Laboratories, Inc. is the sole manufacturer and supplies of Bio-Rad products. Bio-Rad Thailand is exclusively authorized by Bio-Rad Laboratories, Inc. to service, maintain and extend warranties for all Bio-Rad products in Thailand. The services require the contractor to provide certified manufacturer trained field engineers, to respond 24

Program/Equipment: Preventive Maintenance Service Contract for Five Bio-Rad Equipment

Version – March 2017 FOR OFFICIAL USE ONLY hours for emergency repairs, and a direct technical support/service hotline. BD is the only source that has the technical trained staff, 24 hour response time and support line the Government requires. The services will keep the equipment in required operating condition, meeting all published equipment requirements and standard specifications listed by the OEM (Original Equipment Manufacturer). The performance of these services by any other vendor not authorized by the OEM could result in potential damage to the equipment, miss-calibrated values, and added future repairs, all which will disrupt research and hinder the Department’s ability to contribute to the overall AFRIMS mission.

(b) Alternatives: The Government looked at three alternatives: suspended operations, in-house personnel/expertise or replace rather than upgrade an existing system and none of these are options to meeting the requirement. The Program Office needs preventative maintenance and repairs for the equipment to be conducted and suspended operations is not a possibility. AFRIMS does not have any in-house technical personnel with experience to maintain and repair the equipment.

The only known source to meet the requirement is Bio-Rad. Replacing rather than upgrading an existing system is not an option for AFRIMS.

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201. A Request for Information (RFI) was posted on www.beta.SAM.gov on 20 November 2020. Potential sources were given the opportunity to provide capability statements.

Although this notice was an effort to ensure market research was conducted from as many potential sources as practicable, there was no expectation that effective competition would be the result. A Notice of Intent was posted to beta.SAM.gov on 3 Dec 2020 for 15 days and no responses were received.

7. Actions to Increase Competition: No actions were taken to increase competition since the proposed contractor, Bio-Rad Thailand, is the only source that can provide preventive maintenance and repairs of the Government owned equipment for AFRIMS in Bangkok, Thailand.

8. Market Research: AFRIMS conducted market research on 7 August 2020 that consisted of website and contacting the OEM to search for companies that are certified to service Bio-Rad equipment in Thailand. The results of the market showed that Bio- Rad Thailand is the only authorized distributor and service provided in the country of Thailand.

9. Interested Sources: See paragraph 6 for the synopsis information to date, no other sources have written to express an interest in this acquisition.

10. Other Facts:

Program/Equipment: Preventive Maintenance Service Contract for Five Bio-Rad Equipment

Version – March 2017 FOR OFFICIAL USE ONLY

(1) Procurement History: This is a new service contract there is no previous procurement history.

(2) The competitive status of these actions. Not applicable

(3) Authority previously cited if less than full and open was used. Not applicable.

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results. Not applicable

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources. Not applicable

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys. Not applicable

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes. Not applicable

Program/Equipment: Preventive Maintenance Service Contract for Five Bio-Rad Equipment

Version – March 2017 FOR OFFICIAL USE ONLY

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Program/Equipment: Preventive Maintenance Service Contract for Five Bio-Rad Equipment

Version – March 2017 FOR OFFICIAL USE ONLY

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following: price analysis cost analysis IGCE audit: other: The IGE and past pricing will be used to determine that the price is fair and reasonable.

As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.