A02-Justification__ Eggsorter_Redacted.pdf

Version 4, DEC 2020 PREVIOUS VERSION IS OBSOLETE

I. General Information

a. The purpose of the justification document is to ensure the requiring activity and contracting office have thoroughly evaluated the requirement and have considered all possible alternatives prior to deciding to restrict competition.

b. This is a legal document and will be made part of the official contract file. Ensure it is completed accurately and professionally.

c. The requiring activity is responsible for completing the first part of the document through Section 6. The contracting office verifies and completes the rest of the information.

d. Before submitting to the contracting office, the requiring activity should remove the instructions in “red” within the document. The below information is guidance supplemental to those instructions and is meant to aid the preparers in adequately completing the document.

e. References to the Federal Acquisition Regulations (FAR) can be accessed at: http://farsite.hill.af.mil

II. Authorities to Limit Competition- For purchases not exceeding the simplified acquisition threshold (SAT), contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available* (e.g. urgency, exclusive licensing agreements, brand name, or industrial mobilization).

*The FAR states that contracting without providing for full and open competition shall not be justified on the basis of a lack of advance planning by the requiring activity.

a. Sole Source: FAR 13.106-1(b)(1)(i) Soliciting from a single source- Select this authority when procuring requirements on the basis of urgency, exclusive licensing agreements, brand name or industrial mobilization.

b. Brand Name: FAR 13.106-1(b)(1)(ii) Brand name specification- Select this authority when a single source is identified to provide a portion of a purchase because that portion specifies a particular brand-name item. The documentation should state it is veering only the portion of the acquisition which is brand-name.

c. Brand Name or Equal*: If the commodity or service required meets the criterion for a Brand Name or Equal competitive action- STOP. This justification is not required.

*See supplemental information at the end of this instructions document.

III. Estimated Value (inclusive of options):

a. This justification template is only appropriate for use below the Simplified Acquisition Threshold, $250,000.

b. Estimated value needs to be the total of the basic requirement plus any option years or option quantities.

IV. Form Completion

Section 1- Name of proposed sole source contractor or brand name manufacturer

Section 2- Brief description of supplies or services required and the intended use:

a. In layman’s terms, briefly describe the services or supplies to be provided, including make & model number where appropriate. Include quantities of supplies or period of performance for services. Provide information for any options included. If the action is a modification to an existing purchase order, distinguish clearly between the work covered by the basic order and the work to be obtained by the proposed modification.

b. General description of requirement- do not go into justification rationale here.

COMPLETION INSTRUCTIONS for:

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION for

SIMPLIFIED ACQUISITIONS VALUED BELOW $250K

Section 3- Unique salient characteristics that limit availability to only one source, with the reason no other supplies or services can be used:

a. Explain factors/unique qualifications such as proprietary data or exclusive licensing rights, if applicable.

b. If brand name, explain why an adequate purchase description or other information suitable to solicit by full and open competition has not been developed or are not available.

Section 4- Reason why contractor is the only source capable of meeting mission requirements; specifically, the reason no other source can meet the unique capabilities in section 3:

a. Has the vendor provided a statement verifying the unique/specialized/proprietary nature of the requirement?

b. Follow-On Contracts: Defined as a separate, new contract action for which the price and terms are non-competitively negotiated with the incumbent contractor to continue or augment a specific program which is necessitated by prior procurement decisions. Discuss how the sole source action will avoid duplication of costs that is not expected to be recovered through competition, or discuss the unacceptable delays to the government. Provide an estimate of the costs that will be duplicated and explain how such estimate was derived.

c. If urgency is the basis for the justification, explain the chronological events leading up to the requirement and explain why time constraints cannot permit even a limited competition. Describe impact of required delivery/performance date. Describe the detrimental effects/serious injury to the mission of the requiring activity or to the government, financial or otherwise, that will result if this justification is not approved and the product or service cannot be provided by the intended sole source contractor.

Section 5- Market Research:

a. Reference FAR Part 10

b. Describe the extent of the market research conducted to identify all qualified sources and the results thereof. "Market Research" is defined as those attempts you made to ascertain whether other qualified sources exist, and can include contact with knowledgeable experts regarding similar or duplicate requirements, contact with industry, results of a sources sought synopsis, or draft solicitations. Research of the marketplace may consist of written, telephonic, or world wide web inquiries.

c. Procurement History: Identify contract numbers and whether those actions were competed or not.

Section 7- Actions to Increase Competition (for completion by ACC-APG Acquisition Personnel):

a. What supplemental market research has been done?

b. Has a sources sought, RFI, or notice of intent been posted?

c. Have any contractors identified their interest in this requirement?

d. Has the proposed contractor been contacted for verification of the information presented?

e. Have resellers/distributors been researched and identified?

f. Have the mandatory sources of FAR Part 8 been screened? (FPI/UNICOR, AbilityOne, GSA, FSS)

Brand Name or Equal (FAR 11.104)-

- Brand name or equal purchase descriptions must include, in addition to the brand name, a general description of those salient physical, functional, or performance characteristics of the brand name item that an “equal” item must meet to be acceptable for award.

- Use brand name or equal descriptions when the salient characteristics are firm requirements.

- The below chart details the difference between “Brand Name or Equal” and “Brand Name” actions under $250K:

Brand Name or Equal Brand Name Does NOT require a “Justification” Does require a “Justification” Does not limit competition/Provides for greater competition

Does limit competition

Informally describe salient characteristics (via email, memo, etc.) in written form.

Formally describe salient characteristics via a “Justification”

No specific format Use Justification for Other Than Full and Open Competition for Simplified Acquisitions <$250K

Allows for “or equal” similar/comparable items Must supply specific item (part number, model number, serial number etc.)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION for

SIMPLIFIED ACQUISITIONS VALUED BELOW $250K

☐✔ FAR 13.106-1(b)(1)(i) Soliciting from a single source ☐ FAR 13.106-1(b)(1)(ii) Brand name specification

PURCHASE REQUEST NUMBER:

12226487

DESCRIPTION OF ACTION:

☐✔ New Requirement ☐ Modification

ESTIMATED VALUE (inclusive of options):

FUND TYPE: YEAR:

RDT&E (2040) FY 2024

1. NAME OF PROPOSED SOLE SOURCE CONTRACTOR / BRAND NAME MANUFACTURER:

2. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED AND THE INTENDED USE:

DEVCOM CBC is procuring brand-name only QTY 1 EggSorter Zebrafish Platform with software in order to automate processes for an essential chemical and biological threat assessment capability as follows: EggSorter Zebrafish Platform 1 Biomarker module 1 Fluorescence filter block GFP 1 Fluorescence filter block TOM 1 Fluorescence filter block MCHA 1 Fluorescence filter block MCHC 1 Fluorescence filter block YFP 1 Fluorescence filter block BFP 1 Wheel - custom size 1 Software license ** = 1 year 1 Maintenance- 1 year contract- zone 3* 1 LabSwipe tablet 1 LabSwipe license - 1 year 1

3. UNIQUE SALIENT CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH THE

REASON NO OTHER SUPPLIES OR SERVICES CAN BE USED:

The EggSorter device is required due to its ability to automatically screen, sort and dispense small biological entities (from 0.5 to 2 mm). The sorter is a commercial instrument that provides an automated process for an essential chemical and biological threat assessment capability which we require for our labs. If we do not obtain this Eggsorter our current projects will be halted as it is the only one approved for our lab network as instructed by our G6.

4. REASON WHY CONTRACTOR IS THE ONLY SOURCE CAPABLE OF MEETING MISSION REQUIREMENTS;

SPECIFICALLY, THE REASON NO OTHER SOURCE CAN MEET THE UNIQUE CAPABILITIES IN SECTION 3:

There is not another Eggsorter that can fit the CBC Requirements for our projects and will be allowed on our network.

The sorter is a commercial instrument that provides an automated process for an essential chemical and biological threat assessment capability.

Is this a follow-on contract? yes☐ n o☐✔ If yes, provide contract number:

This is a manufactured Eggsorter Zebrfish Platform that will fit mission requirements as well as be approved to be on the labnet network for CBC.

5. MARKET RESEARCH:

Biologist of CBC reached out on 11 November 2024 to and received a quote to start the process of procuring this replacement system. submitted a U.S. Army Computer Hardware Enterprise Software and Solutions (CHESS) Request for Information (RFI) #514930 under ITES-3H on 19 November 2024 and closed on 2 December 2024 @ 2300 resulted in no bids.

reviewed GSA Advantage which showed was not available.

6. TECHNICAL CERTIFICATION:

I certify that the supporting data under my cognizance, which is included in the sections above, is accurate and complete to the best of my knowledge and belief.

NAME AND TITLE OF CUSTOMER DIGITAL SIGNATURE EMAIL ADDRESS DATE

7. ACTIONS TO INCREASE COMPETITION (For Contracting Personnel Use):

Market Research conducted by Contract Specialist Agnes Burke in January 2025. Search engines that were used were Google, Dynamic Small Business Search, and GSA. A search through SBA Dynamic database resulted in about 50 small business under the NAICS code 334111- Electronic Computer Manufacturing. Additional search entering Zebrafish Eggsorter and Zebrafish Eggsorter returned zero results. NAICS Code 541511 - Custom Computer Programing Services yielded zero results when searching the same keywords. NAICS Code 333998- All Other Miscellaneous General Purpose Machinery Manufacturing yielded zero results when searching keyword Egg 33Sorter

A search through Google resulted in one company being able to provide the Eggsorter Zebrafish Platform. That company was . Searched on the GSA website, yielded zero search results for the Zebrafish Platform.

For market research purposes an email was sent to on 23 December 2024.

states that they are the sole provider for the proprietary Eggsorter and content.

There are no third-party vendors for this unique product. No other vendors can provide the content along with the functionality and searching capabilities of the Zebrafish Eggsorter Platform. A sole source letter was provided by the vendor stating they are the only vendor who can provide the Zebra Eggsorter Platform. The Sole Source letter was received on 26 December 2024. I recommend posting an intent to sole source to on Sam.gov for ten (10 days).

Justification Approval Number: JA-25-Inst & Tech-0159

8. CONTRACT SPECIALIST/PURCHASING AGENT REVIEW: SOLE SOURCE

I have done my due diligence in verifying the information presented above by the requiring activity and have attempted to obtain competition to the maximum extent practicable.

NAME OF REVIEWER DIGITAL SIGNATURE EMAIL ADDRESS DATE

9. ENDORSEMENT OF THE ACC-APG TENANT DIVISION CONTRACTING OFFICER

I hereby ☐✔ approve / ☐disapprove this justification in accordance with the authority cited on this document.

Approval is based on the availability of funds and provided that the services and property herein described have been otherwise authorized for procurement.

NAME OF CONTRACTING OFFICER DIGITAL SIGNATURE EMAIL ADDRESS DATE

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4. REASON WHY CONTRACTOR IS THE ONLY SOURCE CAPABLE OF MEETING MISSION

REQUIREMENTS;SPECIFICALLY, THE REASON NO OTHER SOURCE CAN MEET THE

UNIQUE CAPABILITIES IN SECTION 3:

By removing error in current processes through the commercial instrument, the assessment in identifying chemical and certain biological threats will be of higher quality, providing better information needed to inform decision making and development in other chemical and biological processes at CBC.

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