JA - Glacios 9953120 Service Contract_01052023_v2.pdf

Justification and Approval for Sole Source

“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

b. Sponsoring organization. NIDDK

c. Project Officer information.

i. Project Officer name: Yanxiang Cui

ii. Mailing address. 5 Memorial Dr, Room 334 Bethesda, MD 20892

iii. E-mail address. yanxiang.cui@nih.gov

iv. Telephone number. 415-350-8518

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

a. Acquisition purpose and objectives. The NIDDK cryo-em facility offers support in planning cryo-electron microscopy (cryo-EM) experiments, sample preparation and imaging, using equipment, and analyzing data.

To continue utilizing the necessary equipment, the glacios microscope requires a maintenance plan to keep the microscope functioning properly and providing accurate results.

b. Project background. This is a maintenance requirement. The facility currently houses the Glacios microscope that is used for collecting high-quality cryo-em data in order to solve the protein structures. The maintenance of this equipment allows NIDDK to continue usage of its equipment at the most optimal scientific conditions.

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

a. Project title. Glacios 9953120 Service Contract

b. Project description. Maintenance services plan for the glacios electron Microscope .

i. Requirement type.

Research & development (R&D) mailto:yanxiang.cui@nih.gov

R & D support services

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

ii. Type of action.

New requirement

■ Follow-on Other (specify): ______________________

iii. 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): ___________ Other (specify): ___________ Completion Form Term form

iv. Acquisition identification number. 6489359

c. Total estimated dollar value and performance/delivery period. Total estimated dollar value: $544,906.92. for Base Period plus 4 Option Periods.

Base: 1/7/2023 - 1/6/2024 $102,635.88

Option 1*: 1/7/2024 - 1/6/2025 $105,714.84

Option 2*: 1/7/2025 - 1/6/2026 $108,886.20

Option 3*: 1/7/2026 - 1/6/2027 $112,152.72

Option 4*: 1/7/2027 - 1/6/2028 $115,517.28

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

■ This acquisition is conducted under the authority of 41 United States Code (U.S.C.) 2304(c)(1) as set forth in Federal Acquisition Regulation (FAR) 6.302-1.

This acquisition is conducted under the authority of section 4202 of the Clinger-Cohen Act of 1996.

This acquisition is conducted under the authority of the Services

Acquisition Reform Act of 2003 (41 U.S.C. 428a).

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).

ThermoFisher Scientific (d/b/a FEI Company) 5350 N.E. Dawson Creek Dr.

Hillsboro, OR 97124-5793

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

ThermoFisher Scientific is the sole supplier of providing service/maintenance to the Glacios Electron Microscope. ThermoFisher Scientific is the only company that can satisfy all the technical requirements.

Unique Features of ThermoFisher Scientific:

FEI Company is part of Thermo Fisher Scientific, who is the manufacturer of the Glacios Electron microscope and offers the only factory trained service organization on the East Coast that is qualified to service this product. Their maintenance representatives are trained and certified in Holland in order to maintain the distinctive hardware and software configurations for the microscope components. As the variety of detector and software options is unique to this microscope, no other vendors will be able to provide the high level of specified maintenance and/or repairs needed to keep the microscope functioning at optimum levels. Failure to use FEI Company/Thermo Fisher to service the microscope and its many components may result in voiding any manufacturer warranties on the microscope, delays for software upgrades and repairs, and could result in inaccurate research results that in turn could result in the Multi Institute Cryo-EM Facility’s (MICEFs) failure to meet its mission.

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

A review of web-sites for vendors provided no other potential sources for Glacios Electron microscope services. The manufacturer (ThermoFisher/FEI) offers the only factory trained service organization on the East Coast that is qualified to service the required Glacios Electron microscope.

In accordance with FAR 5.2, an announcement will be made via sam.gov to publicize the intentions of this requirement.

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

N/A

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 consisted of a search of web-site searches for the required services. Furthermore, no other vendors are certified to provide the equipment service to the Glacios Electron microscope, except for the manufacturer. The manufacturer of the equipment does not authorize resellers, nor provide certifications to outside vendors to authorize them to service the specific Glacios microscope.

Based on the Market research that was conducted, it was determined that ThermoFisher is the only vendor with the capability to provide the required services.

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

None.

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

None.

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.

There may be follow-on procurements beyond the period of performance of this purchase order action if, as expected the microscope main continues to prove beneficial to NIDDK and NIH. The agency will continue to monitor the marketplace to ensure that technological advances are constantly evaluated to make sure that we have the best value. The unique nature of this product will be assessed periodically during the period of performance.

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

Head of the Sponsoring

Program Office

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

14. Chief of the Contracting Office and Head of the Contracting Activity signature(s).

Official Name & Title Signature Date

Chief of the

Office

Head of the

Activity

15. Competition Advocate signature.

Competition Advocate

16. HHS Senior Procurement Executive signature.

HHS Senior Procurement

Executive