JandA_POB_VB_SonyCellSorterMaint_Redacted.pdf

b. Project description.

See accompanying statement of work (SOW)

Requirement type.

Research & development (R&D) R & D support services

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

Type of action.

X New requirement Follow-on:

Other (specify):

Proposed contract/order type.

X 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

Acquisition identification number. 75N91023Q00013

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

The total estimated dollar value for this service, including all option periods, with a total performance period of five (5) years. The base period of performance shall be for twelve (12) months, followed by four (4) 12-month option periods as follows:

Base Period March 1, 2023 – February 29, 2024 Option Period 1 March 1, 2024 – February 28, 2025 Option Period 2 March 1, 2025 – February 28, 2026 Option Period 3 March 1, 2026 – February 28, 2027 Option Period 4 March 1, 2027 – February 29, 2028

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

This acquisition is conducted under FAR 13.106-1 (b)(2), for soliciting from a single source for purchases exceeding the simplified acquisition threshold, which states that the requirements of FAR 13.501(a) apply to sole-source acquisitions of commercial products and commercial services conducted pursuant to subpart FAR 13.5.

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).

Sony Biotechnology, Inc.

1730 North 1st Street, 2NW San Jose, CA. 95112

SAM UEID: DQF2MP5BTAW7

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

This acquisition is to acquire continuous maintenance service for two (2) Government-owned Sony MA900 Cell Sorter Systems. These systems are used by NIH CCR research staff for the isolation of specific cell populations to investigate their role in specific types of cancers. The Sony MA900 is a highly specialized instrument utilized for cell sorting which uses up to 12 fluorescence parameters and 4-way sorting, utilizing four lasers. The system includes a patented micro fluidic chip-based design, comprehensive fluidics control and advanced automation for improved reliability. The adjoining software includes wizard-driven procedures for start-up, calibration, quality control, shut-down, sorting chip exchange, sample line exchange, maintenance, and cleaning procedures.

Sony Biotechnology, Inc. is the manufacturer and distributor of the MA900 cell sorter system. The manufacturer does not license third party technicians, and spare or replacement parts for this instrument can only be obtained from the original manufacturer. Thus, no other company or 3rd party provider has trained personnel to work with this complex system or access to any potential required parts that might need replacing over time. In addition, the MA900 has a specialized operating system that only service engineers at Sony Biotechnology, Inc. are authorized to handle. Sony Biotechnology, Inc. owns the proprietary software needed to provide the required support on the cell sorter system. No other vendor has trained personnel to handle the software that works in conjunction with the Sony MA900 Cell Sorter system.

Because of the high degree of sensitivity and specificity of the components integrated into the system, as well as the software interfaced with this system, only factory-trained service engineers from Sony Biotechnology, Inc. can perform maintenance and repair on this instrument, as well as obtaining the necessary parts for replacement as needed. These cell sorter systems requires regular maintenance for proper continuous function. Only the original manufacturer is capable of providing the quality of supplies and services required because the supplies and services are unique and highly specialized.

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

A Pre-Solicitation Notice of Intent to Sole Source was published on SAM.gov Contract Opportunities in accordance with FAR Part 5.2. Special Notice 75N91023Q00013 was posted from 12/21/2022 – 1/6/2023, which received one response from The Remi Group (UEI# X458FNVQ1YX9). Based on the information provided in their response, Program assessed that The Remi Group cannot guarantee the required onsite response time and therefore could not be considered a competitive alternative to the manufacturer.

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

The NCI Contract Specialist will consider the Independent Government Estimate and similar purchase order prices as determining factors for price reasonableness. Based on this information, there is no reason to believe that the price will not be fair and reasonable to the Government.

A final determination will be conducted prior to the award of this contract. The contract file will be documented to support the Contracting Officer’s fair and reasonable price determination.

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 utilizing Required Sources, Federal Supply Schedules, NIH Strategic Sources, Commercial Websites, historical data, and correspondence with industry. The Contracting Officer has determined that only Sony Biotechnology, Inc. can provide service, maintenance and replacement parts for their cell sorter systems. Sony Biotechnology, Inc. is a manufacturer and distributor of Sony MA900 Cell Sorter system and authorized service on these cell sorters is only available directly through Sony’s service organization. As such, Sony Biotechnology, Inc. is considered as a Sole Source for proprietary parts and service on these devices.

The Project Officers conducted market research via internet search engine and their own technical and scientific knowledge of the marketplace. Building on the Project Officers’ work, the Contract Specialist’s market research consisted of: 1) reviewing the VB and POB Branch's IGE; 2) searching purchases in FPDS-NG over the last 5 years for similar maintenance services, all of which were made to Sony, the manufacturer; 3) reviewing the most recent previous award (75N91021P00946) and its market research; 4) searching GSA eLibrary; however, the required services are not available under any GSA Multiple Award Schedules and 5) an internet search with the keywords “SONY MA900 Maintenance.” The internet search resulted in Sony the manufacturer. NCI OA has determined that the appropriate NAICS Code is 811210 - Electronic and Precision Equipment Repair and Maintenance

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

All facts have been previously stated.

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

As described in section 6 above, the one inquiry received in response to the Pre-Solicitation Notice of Intent to Sole Source did not demonstrate reasonable capability from an interested third-party provider. No other sources have expressed written interest in the proposed acquisition.

11. Statement of 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.

The Government requires unique maintenance services and propriety supplies from the original source, Sony Biotechnology, Inc. This vendor provides unique maintenance capabilities for the continued utilization of their highly specialized cell sorter system.

Subsequent acquisitions for maintenance are anticipated, and the Government will monitor the market to avoid or reduce continued noncompetitive acquisition of this requirement in the future. However, the Government does not expect changes to the current market situation in the foreseeable future, i.e. during the anticipated period of performance of this contract, since propriety software and propriety supplies are, at present, the major barriers to competition.

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.

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.