DnF for OTFOC (Redacted).pdf

Template last updated 4/23/2018

DETERMINATION & FINDINGS FOR OTHER THAN FULL & OPEN COMPETITION

(ACTIONS SAT AND BELOW)

1. DESCRIPTION OF PROPOSED PROCUREMENT: Two (2) New Brunswick Innova 42R stackable, refrigerated incubator shaker designed for laboratory use.

2. PROPOSED CONTRACTOR/MANUFACTURER:

Original Equipment Manufacturer (OEM):

Eppendorf North America, Inc.

175 Freshwater Blvd Enfield, CT 06082 CAGE Code: 13487

SAM UEID: TFJQUU2LKVE7

Authorized Resellers:

Government Scientific Source 12355 Sunrise Valley Drive

STE 400

Reston, VA 20191 CAGE Code: 0S908

SAM UEID: J49CN39QTNW3

Fisher Scientific, Inc.

300 Industry Drive Pittsburgh, PA 15275 CAGE Code: 22527

SAM UEID: HE7NJQGP4ED6

3. ESTIMATED TOTAL VALUE:

4. STATUTORY AUTHORITY PERMITTING CONTRACTING WITHOUT PROVIDING FOR FULL

AND OPEN COMPETITION: The statutory authority permitting sole source is 41 USC 1901(e), implemented by FAR 13.106-1(b)(1)(i):

_X_ Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

___ Unusual and Compelling Urgency ___ Industrial Mobilization; Engineering, Developmental, or Research Capability; or Expert

Services ___ International Agreement ___ Authorized or Required by Statute ___ National Security ___ Public Interest

5. JUSTIFICATION FOR THE AUTHORITY CITED ABOVE:

The item(s) listed in section one above is available from only one source and competition is precluded for reasons indicated below. There are no substitutes available.

___ Compatibility: The item(s) must be compatible in all aspects (form, fit, and function) with existing systems presently installed. Describe the equipment you have now and how the new item/service must coordinate, connect, or interface with the existing system:

___ Proprietary: A patent, copyright, or proprietary data limits competition. The proprietary data are described as follows:

_X_ Experimental Continuity: The item(s) must be consistent with prior materials in order to ensure experimental continuity. Describe the conditions that necessitate the use of experimental continuity:

at the Army Research Laboratory (ARL) requires quantity two (2) Eppendorf North America, Inc. New Brunswick Innova 42R stackable, refrigerated incubator shaker designed for laboratory use at the Biotechnology Lab located at the Adelphi MD location.

conducts critical research and development focused on understanding and discovery of military relevant biotechnology applications of robust microbes, including sensing, biomanufacturing, and material synthesis. A core component of this work relies on the consistent and reproducible cultivation of a diverse library of microbial strains under precisely controlled conditions. ’s research program has, over the past ten (10) years, established a highly standardized and validated set of protocols utilizing Eppendorf New Brunswick Innova incubator shakers as the foundational platform for these cultures. These protocols underpin a significant body of published research, ongoing mission and customer funded projects, and are integral to our intellectual property development.

The critical issue preventing full and open competition for this procurement is the absolute necessity of maintaining experimental continuity and data comparability with our existing research base. Introducing a different incubator shaker platform – even one (1) with superficially similar specifications – would necessitate a complete re-validation of all existing protocols, a process estimated to require of dedicated staff time and over in consumable supplies. This re-validation would not simply involve adjusting temperature settings; it would require re-establishing growth curves, optimizing media formulations, and re-assessing the impact of mixing parameters on microbial physiology. The resulting data would be difficult, if not impossible, to directly compare with our historical data, effectively invalidating years of research investment and hindering our ability to build upon previous findings.

This situation necessitates the use of sole source authority as outlined in Federal Acquisition Regulation (FAR) 8.405-6(b). This authority allows for the procurement of goods or services from a single source when compelling reasons exist that preclude competitive bidding. In this case, the compelling reason is the preservation of the integrity and continuity of our established research program and the substantial financial and scientific costs associated with switching to a non-compatible platform. While Eppendorf North America, Inc. is the sole manufacture of the New Brunswick Innova 42R stackable, refrigerated incubator shake, it is also available through several third-party re-sellers.

Based on the aforementioned, it is recommended to proceed with a Brand Name Sole Source to Eppendorf North America, Inc. and their authorized resellers.

_ Warranty: Purchasing item(s) from another manufacturer/provider would void existing warranty. Provide a brief explanation for the use of this reason and the impact that would occur if the item was purchased from another manufacturer/provider:

_ Direct Replacement: These are "direct replacement" parts/components for existing equipment and no substitutes exist.

_ Other reasoning to support a sole-source buy:

6. FAIR AND REASONABLE PRICE DETERMINATION:

It has been determined that the anticipated cost to the Government will be fair and reasonable and that approval of this recommendation is in the best interest of the government. This justification is accurate and complete to the best of my knowledge and belief.

X

Contractinq Officer (KO)