JA - BD_Redacted.pdf

needed to implement a more long-term solution and to better identify the actual scope of NCI’s maintenance service needs for similar equipment.

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

a. Project title. Service and Maintenance Contract for the Following BD Biosciences Flow Cytometers:

BD Biosciences FACSymphony A5 (Serial No.: R66096400137)

BD Biosciences LSR Fortessa X-20 (Serial No.: H656385004)

BD Biosciences BD Biosciences LSR Fortessa X-20 (Serial No.:

R656385208)

BD Biosciences FACSymphony A5 (Serial No.: R66096400135)

BD Biosciences FACSymphony A5 ( Serial No.:

R660964000078)

BD Biosciences LSR Fortessa SORP (Serial No.: H17700008)

b. Project description.

Please see attached Statement of Work (SOW)

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, definite quantity, or requirements): IDIQ Other (specify): ___________ Completion Form Term form

Acquisition identification number.

Requisition # 6557954 Pre-Solicitation Notice # 75N91023Q00026

c. Total estimated dollar value and performance/delivery period.

The total estimated dollar value for the one (1) twelve month base, and one (1) six (6) month extension is $ .

4. Identification of the statutory authority permitting other than full and open competition.

This acquisition is conducted under the authority of FAR subpart

13.5 in accordance with 41 U.S.C. 1901.

5. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited.

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

BD Biosciences 2350 Qume Drive San Jose, CA 95131-1807

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

BD Biosciences is the sole manufacturer and service provider for the LSR Fortessa, LSR Fortessa X-20, FACSymphony A3 and FACSymphony A5 flow cytometers. These instruments are used daily in the various CCR Flow Cytometry Core facilities to analyze samples from clinical and research studies using human and animal samples across NCI. Due to the significant number of efforts these facilities’ support equipment cannot be out of service for any length of time without causing significant delays to research efforts across the organization, and potential financial injury to the government due to the loss of analytical data from expensive and often irreplaceable experimental samples not being processed in a timely manner. To NCI’s knowledge, BD Biosciences is the only direct service provider that has the ability to provide an on-site service response for BD Biosciences instruments within 48 hours which is critical for reducing instrument downtimes.

Additionally, it’s critical that all instruments are maintained by factory-trained and authorized technicians to ensure minimal downtimes, as well as scientific accuracy of the equipment. To NCI’s knowledge, BD does not authorize third-party service providers. As such BD is the only source for factory-trained and certified technicians with access to proprietary parts, system schematics, software, and configurations required to maintain the equipment. Many of the instruments under this request are newer systems that are highly configurable, or they are systems that have been customized specifically for NCI by BD to meet specific needs. Due to this, systems are sometimes upgraded with new BD components that are covered under factory warranties, and as such must be maintained by BD, or BD-authorized third-party service provider so as to not void said warranties. The lasers and parts that are supplied with the BD Biosciences flow cytometers are configured for use in these instruments. If a laser or part fails, BD Biosciences will replace these items at no additional cost to the government. Only lasers configured by BD for use in these instruments can be used without voiding the applicable warranties, and ensuring that the system performs as intended. Thus, BD is the only source known to NCI to guarantee mainternance and repair and meet the Government’s needs at this time.

6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a FedBizOpps notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

A presolicitation notice of intent to sole source #75N91023Q00026 the was posted to SAM.gov on 01/2023/00. This notice described the work to be performed, and requested capabilities statemenets from potential sources by 002/03/2023. No responses were received in connection with the posting of this notice.

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

An Independent Government Estimate (IGE) was developed using historical data from past requirements for similar services, and the COR’s knowledge of the field. Prior to awarding this requirement, the Contracting Officer (CO) will make a determination that the price is fair and reasonable. This determination will be made utilizing historical data, or 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 was conducted by both OA and the requiring program. Based on the requiring programs intiment knowledge of the requirement, and included a