Attachment_2_BrandNameJustifciaiton.pdf

measure changes in Wnt pathway components. Therefore, the LCMB uses flow analysis on a daily basis to measure the effects of genetic or pharmacological perturbations on the Wnt pathway. Their current instrument uses three lasers – violet, blue and yellow/green – and their associated detectors to measure these parameters. However, LCMB’s emerging need is to be able to measure 3-4 fluorescent signals simultaneously, which requires a red laser and additional detectors in their instrument.

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

a. Project title.

CytoFLEX S Flow Analyzer Upgrade from V2-B2-Y2-R0 to V2-B2-Y3- R2.

b. Project description.

Requirement type.

Research & development (R&D) R & D support services Support services (non-R&D) Supplies/equipment Information technology (IT) Construction Architect-engineer (A & E) services Design-build Other (specify): ____________________

Type of action.

New requirement Follow-on Other (specify): ______________________

Proposed contract/order type.

Firm-fixed-price Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee): __________ Cost-plus-fixed-fee Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee): ___________ Time and materials Indefinite delivery (specify whether indefinite quantity,

b. Nature of the acquisition and proposed unique qualifications of the contractor(s).

The Beckman Coulter CytoFlex S Flow Analyzer is a highly complex piece of laboratory equipment. As the Original Equipment Manufacturer (OEM), only Beckman Coulter branded upgrade kits are the only commercially available solution that can be seamlessly integrated with the CytoFlex S Flow’s proprietary system, while also ensuring that the system will remain both operational and scientifically accurate. Further, Beckman Coulter is the only known source for technically qualified field service engineers with the proper expertise, training, and necessary access to system schematics needed to perform an upgrade of this nature. As such, to NCI’s knowledge, Beckman Coulter OEM parts are the only suitable parts for upgrading the Government’s CytoFlex S Flow Analyzer. Based on market research, the necessary upgrade is available from Beckman Coulter, and their authorized distributors.

6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a SAM.gov 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, a SAM.gov combined synopsis solicitation will be publicized and cited as a commercial item purchase (as stated FAR Part 12) with the authority to use simplified procedures of commercial items as authorized in FAR 13.106-1 (b)(1)(ii). In accordance with FAR 5.102(a)(6), this brand name justification is being published with the solicitation.

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

Prior to award the Contracting Officer (CO) will make a determination that the price is fair and reasonable. It is anticipated that determination will be made utilizing the IGE and historical data; however, the CO reserves the right to utilize any other means deemed appropriate in accordance with FAR 13.106-3 (a)(2).

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.

Market research included a review of similar past procurements for similar procurements, as well as a review of mandatory and recommended sources. As a result of this research, the necessary upgrade kit has been identified as only being available from the open market from Beckman Coulter or their authorized distributors. Additionally, no other suitable commercial parts, kits, or pre-engineered solutions for performing an upgrade to the instrument were able to be identified.

9. Any other facts supporting the use of other than full and open competition.

As mentioned previously, the CytoFlex S Flow Analyzer is a highly complex instrument. When purchased the system comes re-equipped with all parts needed to reconfigure the equipment to have more advanced capabilities; however, to achieve this, the system must be updated via a USB dongle which is used to change the parameters of the instrument’s systems in order to activate these pre-existing parts.

10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition.

At this time, no sources expressed interest in writing for the proposed acquisition.

All sources who respond to the combined synopsis solicitation will be considered.

11. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the required supplies or services.

NCI anticipates their needs will successfully be met as a result of an open market combined synopsis solicitation. If upon completion of the anticipated Purchase Order, it is identified that similar items are needed, the NCI will conduct market research to reevaluate if there are other manufacturers and products that can meet the requiring program’s needs, or better suit their research needs.

12. Program office certification.

This is to certify that the portions of this justification that have been developed by the undersigned program office personnel, including supporting information and/or data verifying the Government’s minimum needs, schedule requirements and other rationale for other than full and open competition, are accurate and complete.

Official Name & Title Signature Date

Project Officer

Project Officer’s

Immediate Supervisor

13. Contracting Officer certification.

This is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief the information and/or data provided to support the rationale and recommendation for approval is accurate and complete.

Official Name & Title Signature Date

Contracting Officer