Justification and Approval for Sole Source JA Citation 7 -Signed.pdf

Justification and Approval for Sole Source

1. Identification of the agency and contracting activity. PHS

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

b. Sponsoring organization: National Eye Institute

c. Project Officer information:

• Project Officer name: Rafael Villasmil, MSc.

• Mailing address: 10 Center Drive 10N112, Bethesda, MD 20892

• E-mail address: villasmilr@nih.gov

• Telephone number: 301-435-7563

2. Nature and/or description of the action being approved. Provide the following information:

a. Acquisition purpose and objectives. The acquisition provides instrumentation needed to meet the research needs of the National Eye Institute.

b. Project background. The requested instrument provides the features needed to meet the research goals of The Institute.

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

a. Project title: Cytation 7 Cell Imaging Multi-Mode Reader: Instrument, Installation and Service Contract for the NEI Flow Cytometry Core

b. Project description. Please refer to “Statement of Work - Cytation 7” document.

• 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.

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: To be supplied by Contracting Officer

c. Total estimated dollar value and performance/delivery period. $115,000.00

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.)

253(c)(_X_) as set forth in Federal Acquisition Regulation (FAR) 6.302- __.

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).

BioTek Instruments, Inc.

Highland Park, P.O. Box 998, Winooski, Vermont 05404-0998, USA Phone: 888-451-5171, Fax: 802-655-7941, Email: customercare@biotek.com www.biotek.com

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

Purchase of a Cytation™ 7 Cell Imaging Multi-Mode Reader, supporting parts and software, installation and 2-year maintenance. BioTek Instruments, Inc. is the manufacturer of the instrument and only organization able to support the product.

mailto:customercare@biotek.com http://www.biotek.com/

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. The Cytation 7 was compared to one other instrument in the lab. The other instrument did not provide as much information as the Cytation. The materials needed to conduct test that are meaning to the institute are costly and have limited availability.

b. Other imaging devices in the market are either more expensive. Some alternatives are too large to fit in the laboratory.

7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable. Market research will be conducted in addition to Notice of intent for sole source that will be posted on betaSAM.gov.

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.

a. The Cytation 7 was compared to one other instrument in the lab. The other instrument did not provide as much information as the Cytation. The materials needed to conduct test that are meaning to the institute are costly and have limited availability. We tested Cytation 7 against the Celigo by Nexcellon and The Cytation 7 was able to image dim GFP signal better.

b. Other imaging devices in the market are either more expensive. Some alternatives are too large to fit in the laboratory: Celigo by Nexcellon, Operetta by PerkinElmer, BZ-X800 by Keyence, and Celldiscoverer 7 by Zeiss.

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

A. No other instrument in the market has the imaging capability, sample stage control, and software packaged in the Cytation 7. The Cytation 7 brings together a good imaging capacity. The images are good for quantification but not too big to slow down the computer systems. The stage that moves the samples is of very high quality. One software does all the sample handling and analysis where other instrument separate that into two software.

B. We have projects at the National Eye Institute that are compatible with the Cytation 7. The Cytation 7 was tested. The projects would be delayed other instrument were tested in addition to the cost of producing more samples for testing.

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

Nexcellon Bioscience provided a Celigo instrument for testing.

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.

Not Applicable

12. Program office certification. Not Applicable

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 Rafael Villasmil, MSc.

Project Officer’s Immediate Supervisor

Rachel Caspi, Ph.D.

Head of the Sponsoring Program Office

David Schneeweis, PhD

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.

Contracting Officer

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

Chief of the Contracting Office

Head of the Contracting Activity

15. Competition Advocate signature. NA

Competition Advocate

16. HHS Senior Procurement Executive signature. NA

HHS Senior Procurement Executive

Justification and Approval for Sole Source