JOFOC Signed 143051240118 _Redacted.pdf

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Illumina Miseq Instrument Repair
Solicitation number
143051-24-0118
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This document is a Justification for Other Than Full and Open Competition (JOFOC) under the Simplified Acquisition Procedures (SAP) for an Illumina MiSeq instrument repair contract. The Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) requires on-site repair and validation of the MiSeq instrument in order to resume data collection. Illumina, Inc. is the sole source for this repair service, as they possess proprietary information and are the only vendor authorized to work on this specialized DNA sequencing equipment. The estimated value of the contract is not provided. NOAA is issuing a Special Notice to gauge industry interest and capability, with responses due by June 15, 2024. A competitive solicitation will not be issued, and NOAA will proceed with a sole source award to Illumina, Inc. if no capable vendors respond to the notice.

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SINGLE SOURCE DETERMINATION USING

SIMPLIFIED ACQUISITION PROCEDURES (SAP)

FOR AN ACTION NOT EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

(AUTHORITY: FAR 13.106-1(b)(1))

143051-24-0118

1. Agency and contracting activity.

Department of Commerce, NOAA Acquisition and Grants Office (AGO), National Marine Fisheries Service (NMFS), Southwest Fisheries Science Center (SWFSC), and Fisheries Ecology Division

(FED).

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

Our Illumina MiSeq instrument must be repaired on-site to a fully functioning condition, and the repair validated through testing, such that data collection can resume immediately following the repair. This is a highly specialized DNA sequencing instrument that can only be serviced by personnel with equally specialized training. A warranty should be included with the repair.

3. Identification of the single source or the brand name to be solicited.

Vendor Name: Illumina, Inc.

Address: 200 Lincoln Centre Drive, Foster City CA 94404 Website: www.illumina.com POC: William Caceres Phone: 408.799.2329 or 800.809.4566

4. Supporting rationale. Only one source or brand name is reasonably available as detailed below:

√ Exclusive Licensing Agreement/Restrictive Rights/Authorized Reseller - The source has one or more of the following: an established exclusive licensing agreement, proprietary data, limited rights in data, patent rights, OEM required certifications or OEM authorized reseller, copyrights, or secret processes with regard to the supplies or services required.

Illumina, Inc. is the manufacturer of the MiSeq instrument, and is the only vendor qualified to service this instrument. Illumina possesses proprietary information about this instrument, and no other vendors are authorized to possess or use such information to service this instrument.

5. Market Research.

Market research was conducted to determine whether any vendor other than the manufacturer Illumina, Inc. could repair the instrument, and none were found. In addition, William Caceres of Illumina, Inc. supported this finding when he stated in an email dated 6/11/24 that, “we are the only provider who can work on our instruments as we don’t provide 3rd party services. We have proprietary information and we are the only ones authorized to work on our sequencers.”

(Insert PR/RFQ number, as applicable)

6. Technical/Requirements Representative Certification

I certify that this requirement constitutes the Government’s minimum needs and the supporting data provided herein is accurate and complete to the best of my knowledge and belief.

Date

7. Determination (Required)

I hereby determine that the circumstances of this action deem only one source is reasonably available. This determination is accurate and complete to the best of my knowledge and belief.

(Insert name) Date Contracting Officer

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