Limited_Sources_JOFOC_redacted.doc

Limited Source Justification

“Source Selection Information – see FAR 2.101 and 3.104”

1. Identification of the agency and contracting activity.

a. Federal agency and contracting activity. HHS/ NIH / NCI

b. Sponsoring organization. NIH-NCI/ CCR/LGI

c. Project Officer Information.

I. Name: ----------- II. Mailing address:

TCP: 37 Convent Drive, Bldg 37, -------- NCI, NIH, Bethesda, MD 20892-4255

III. E-mail address: --------------- IV. Telephone number: ---------------------

2. Nature and/or description of the action being approved.

a. Acquisition purpose and objectives. The purpose of this acquisition is to purchase a service maintenance contract for a BD Biosciences, FACSAria II – 3 Laser Flow Cytometry Cell Sorter S/N P0161 and for a FACSCalibur 4 color flow cytometry cell analyzer S/N E3137. The Laboratory of Genome Integrity (LGI) supports the Center for Cancer Research (CCR) scientific research community as well as other NIH institutes.

b. Project background. The LGI Flow Cytometry Core Facility in Building 37 provides instrumentation and technical expertise to perform state-of-the art flow cytometry analysis and cell sorting. The laboratory currently houses four cell sorters and four cell analyzers. These instruments are used daily serving over 200 scientists and roughly 70 different Principal Investigators annually. The services to be procured were last supported under contract GS-24F-2044D/HHSN261201500072U.

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

a. Project title. Instrument Service Contract of a FACSAria II flow cytometry Cell Sorter with tree lasers, and one workstation and for a FACSCalibur 4 color flow cytometry cell analyzer.

Total estimated cost: $187,482.00 for one year base with 4 optional years for both instruments.

b. Project description. See SOW.

I. Requirement type.

( Support services (non-research & development) ( Supplies/equipment

( Information technology (IT) ( Other (specify): ____________________

II. Type of action.

( New requirement ( Follow-on ( Other (specify): ______________________

III. Proposed contract/order type.

( Firm-fixed-price ( Time and materials ( Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ___________ ( Other (specify): ___________ IV. Acquisition identification number. 4096403 - 4096399

c. Total estimated dollar value and performance/delivery period. $ for one year base with 4 optional years for both instruments.

Period of performance is:

Base Period - June 1, 2018 to May 31, 2017 Option Period 1 - June 1, 2017 to May 31, 2018

Option Period 2 - June 1, 2018 to May 31, 2019 Option Period 3 - June 1, 2019 to May 31, 2020 Option Period 4 - June 1, 2020 to May 31, 2021

4. Identification of the justification rationale [see 8.405-6(a) and (b)] and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

a. Acquisition authority. .

( This acquisition is conducted under the authority of the Multiple Award Schedule Program. Consideration of schedule contractors will be restricted to fewer than the number required by Federal Acquisition Regulation (FAR) 8.405-6(a)(1) (i.e., fewer than three FSS contractors).

( This acquisition is conducted under the authority of the Multiple Award Schedule Program. Consideration of schedule contractors will be restricted only to the item peculiar to one manufacturer as provided in FAR 8.405-6(a)(2).

5. Demonstration of the proposed contractor(s) unique qualifications to provide the required supply or service.

I. Name and address of the proposed contractor(s).

BD Biosciences, 2350 Qume Drive, San Jose, CA, 95131.

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

BD Biosciences is the only vendor that has Field Service Engineers specifically trained to perform preventative maintenance, instrument repairs and software upgrades on the BD FACSAria II, Flow Cytometry Cell Sorter, with three lasers and one Computer Workstation using the required proprietary replacement parts or computer software. No other vendors currently provide direct service for the BD FACSAria II Flow Cytometry Cell Sorter or the FACSCalibur 4 Color Flow Cytometry Cell Analyzer.

Service and preventive maintenance will be provided by Field Service Representatives trained by BD Biosciences. The manufacturer is the only vendor qualified to provide software upgrades to the proprietary software, product corrective actions, and telephone technical and troubleshooting assistance. The manufacturer will guarantee a 24 hour response for the FACSCalibur and a 48 hour response for the FACSAria. The manufacturer will replace and/or repair all defective parts including lasers on an unlimited basis. Because the setup of the instruments is uniquely designed for this lab, the manufacturer is the only vendor familiar with these service requirements. In addition, BD Biosciences will not provide support for instruments modified by outside parties and the BD Bioscience’s technical support is critical to the successful operation of this instruments.

Many of the experiments cannot be rescued, if the samples cannot be analyzed or sorted as scheduled. It is also important that the instruments be kept current with software upgrades and product corrective actions. LGI depends heavily on telephone technical support by qualified BD service engineers in a timely manner. It is critical that these instruments are maintained in excellent operating condition at all times. It is also important that the quality of the results from these instruments be kept at a consistently high level. These assets are available only from BD Biosciences.

6. Determination by the ordering activity Contracting Officer that the order represents the best value consistent with FAR 8.404(d).

GSA has determined the prices of the services under the proposed contractor’s FSS contract, including the fixed hourly labor rates for services, to be fair and reasonable. Additionally, the prices will be compared to previous purchase orders. By placing an order against a GSA schedule contract using the procedures in FAR 8.405, the ordering activity CO has concluded that the order represents the best value (see FAR 2.101) and results in the lowest overall cost alternative. Based on the aforementioned contracts, purchase orders, and independent government estimate, there is no reason to believe that price will not be fair and reasonable to the Government. A final determination will be conducted prior to the award of this contract.

7. Description of the market research conducted among schedule holders and the results, or a statement of the reasons market research was not conducted.

Preventive maintenance service of the current instruments is essential to avoid potential failures, which will be more costly to the Government. As indicated by the program area, the use of alternate services sources or incompatible replacement parts for repair and maintenance of these instruments will compromise the laboratory certification for clinical testing and yield differences in instrument performance. Therefore, NCI OA recommends continuing use of BD Biosciences for the maintenance preventive services. The use of BD Biosciences is important to the ongoing clinical trials being conducted at the NCI.

8. Any other facts supporting the justification.

N/A

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

No other sources have expressed an interest, in writing, in the proposed acquisition.

10. Statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

NCI’s CCR anticipates their needs to be met successfully in the fulfillment of this requirement. In the event that additional supplies are required, the NCI program office and the Contracting Officer will conduct market research to determine if the current state of technology has advanced and to determine if there are others sources available that can provide the supplies required. This market research will include the FedBizOpps announcement.

11. 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 or requirements, or other rationale for limited sources, are accurate and complete.

Project Officer / COR

Project Officer’s Immediate Supervisor

10.

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.

Contracting Officer

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