A05_J-A for under SAT.pdf
PDF 238 KB Posted
- Attached to
- BD Biosciences -Sole Source
- Solicitation number
- 1169760
- Issued by
-
Department of Agriculture Forest Service
About this file
This is a Decision to Restrict Competition document issued by the United States Department of Agriculture under the Simplified Acquisition Threshold, documenting the agency's justification for sole-source procurement.
The USDA's Foodborne Toxin Detection and Prevention Research Unit (requisition number 1169760) is procuring a service contract for maintenance and support of a FACS Aria Fusion III Laser System cytometer with three lasers and one computer workstation (Serial Number P656700100114). The total estimated contract value is $177,129.60, consisting of a $15,000 pre-inspection visit in FY26, followed by a base contract of $40,532.40 in FY26 and three one-year option periods at $40,532.40 annually (FY27-FY29). Services include on-site visits, labor, travel, technical support, software support, preventative maintenance, and relevant parts, excluding consumables. The sole source is Becton Dickinson & Company (UEI: MM5ZHL8SRFY5), located at 155 North McCarthy Boulevard, Milpitas, California 95035.
The justification for competition restriction centers on Becton Dickinson being the sole manufacturer and seller of the FACS Aria III system. The government determined that alternative vendors cannot meet requirements because third-party maintenance may void warranties, original equipment manufacturer parts must be sourced directly from Becton Dickinson, software upgrades require manufacturer authorization, and only the manufacturer provides priority support and access necessary for ARS mission-critical operations. Market research reviewed GSA eLlibrary and SAM.gov databases and obtained one quote from the manufacturer, with costs aligned to a previously awarded GSA contract (PO 12905B23F0025, GS-07F-195DA). The technical requirements personnel and contracting officer have certified and approved the justification.
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| File | Type | Posted |
|---|---|---|
| B14_Sole source notice sam.gov.pdf |
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Text version
United States Department of Agriculture Decision to Restrict Competition under the Simplified Acquisition Threshold
Identification Number:
Rev. 3/4/26
In accordance with the Revolutionary Federal Acquisition Regulation (FAR) Overhaul (RFO) FAR
12.102 (a), the following documents the decision to restrict competition for this acquisition.
(1) Mission Area and Contracting Activity.
Requisition Number: 1169760
Requesting Activity Agency: PWA/Foodborne Toxin Detection and Prevention Research Unit
Contracting Activity: Service
(2) Estimated Value The estimated value of the service contract is $$177,129.60
Period Fiscal Year Total Pre-inspection Required FY26 $ 15,000
BASE FY26 $ 40,532.4
Option 1 FY27 $ 40,532.4 Option 2 FY28 $ 40,532.4 Option 3 FY29 $ 40,532.4
Grand Total $177,129.60
(3) Brief Description of Supplies or Services The vendor shall provide the service contract for the FACS Aria Fusion and all accessory components for the USDA-ARS Foodborne Toxin Detection and Prevention Research Unit. The service contract is base plus 3 option year service contract for FACSARIA FUSION III LASER SYSTEM, S/N
#P656700100114 CYTOMETER W/THREE (3) LASERS & ONE (1) COMPUTER
WORKSTATION. This service contract requires an on-site visit first ($15,000 includes labor, travel, miscellaneous parts, quote 420075084) to verify instrument is in working order before the base plus 3 option years preventative maintenance contract starts. Base plus 3 option years contract quote 440092559 is $40,532.4 per year after discount (original cost is $45,036 per year, discount $4503.6).
This contract should include travel costs, labor, technical support, software support, and relevant parts but excluding consumable parts. BD Biosciences is the manufacturer and seller of the FACS Aria cytometer/sorter. Estimated value entire service contract: $177,129.6. If the service contract is not purchased directly from the manufacturer, the supplying vendor must be authorized to provide a support package that is fully valid through the manufacturer and includes warranty coverage, annual preventative maintenance, labor, travel, tech support, and priority response. Any vendor unable to provide this manufacturer-recognized support package cannot meet our requirements.
(1) Suggested Source
Becton Dickinson 155 North McCarthy Boulevard, Milpitas, CA 95035
UEI: MM5ZHL8SRFY5
(4) Justification for Restricting Competition and the Basis for that Decision.
A. Explain the unique qualifications/characteristics of the proposed contractor or product and why no other contractor or product/service can meet the Government's need.
Becton Dickinson is the sole manufacturer and seller of the FACS ARIA III and their associated accessory components. If other vendors perform the preventative maintenance, any warranties may be voided; replacement OEM parts need to be obtained from Becton Dickinson; software upgrades need to be from Becton Dickinson; and will not have priority access and support needed if maintenance outside of annual PM visits are needed. The preventative maintenance program by the manufacturer is critical for the proper operations of ARS mission-critical goals to prevent delays in programmatic success.
B. Describe market research conducted and the results or the reason why no market research was conducted.
Market research included reviewing product specifications and websites (GSAelibrary/SAM.gov) and one vendor quote from manufacturer and seller (Becton Dickinson). The following websites were used GSAe-library(https://www.gsaelibrary.gsa.gov/ElibMain/searchResults.do?searchText=becton+dickinson+an d+company&searchType=allWords&x=42&y=5) and SAM.gov (: https://sam.gov/search/?page=1&pageSize=25&sort=-modifiedDate&sfm%5BsimpleSearch%5D%5BkeywordRadio%5D=ALL&sfm%5BsimpleSearch%5D %5BkeywordTags%5D%5B0%5D%5Bkey%5D=%22becton%20dickinson%22&sfm%5BsimpleSearc h%5D%5BkeywordTags%5D%5B0%5D%5Bvalue%5D=%22becton%20dickinson%22&sfm%5Bsim pleSearch%5D%5BkeywordEditorTextarea%5D=&sfm%5Bstatus%5D%5Bis_active%5D=true).
The websites and quotes were reviewed, and Becton Dickinson (BD) met the requirements with cost estimated in the range previously awarded on contract PO 12905B23F0025 GSA contract GS-07F- 195DA awarded plus they were the original manufacturer and distributor. There are multiple single notice and awarded to Becton Dickinson and Company for the various Federal agencies. Any outside vendor not Becton Dickinson may void warranties; need OEM materials; and not have expertise for software or technical support.
Certifications & Approvals
(5) Technical / Requirements Personnel Certification I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.
Christina C. Tam Acting Research Leader Foodborne Toxin Detection and Prevention Research Unit
(6) Contracting Officer’s Certification I certify that the data supporting the recommended use of other than full and open competition accurate and complete to the best of my knowledge and belief. I hereby approve this justification.
Name Contracting Officer
MARIAN FEIST Digitally signed by MARIAN FEIST Date: 2026.09.02 14:52:24 -05'00'
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