Limiting_Competition_Document_Redacted.pdf

Control No: JA-25-Nat-0101

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: W911QY. ACC-APG-Natick Division, 10 General Greene Ave, Natick, MA 01760

2. Description of Action: Purchase of Agilent lab instruments—Seahorse XF HS Mini Analyzer, and xCELLigence RTCA SP.

Nature: X New Requirement Follow-on Requirement

Contract Vehicle: X Purchase Order Number PR# Blanket Purchase Agreement (BPA) Number _______________ Order/BPA# _______ against FSS Contract #_____ _________ Order #___________ against Multiple Award IDIQ Contract Name or #______________ Order #_______ against a single award IDC Contract Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: X Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) X Other Funds: RDT&E

FY: 24

Name of Proposed Contractor(s) and Address:

Agilent Technologies Inc 5301 Stevens Creek Blvd.

Santa Clara, CA 95051__

Brand Name Buy: X Yes No

3. Description of Services or Supplies:

The Agilent Technologies, Inc. systems’ Seahorse XF HS Mini and xCELLigence, are required by the program office to perform reliable, accurate, and routine data measurements of cells to inform, and optimize military ration development.

Agilent Seahorse XF and xCELLigence systems provide reliable, accurate, and routine measurements that can be applied to assess glycolytic rates, energy expenditure (e.g., cellular activation, proliferation, differentiation), ATP production rate in real-time, substrate oxidation, mitochondrial function, cell death, and general cellular homeostasis. These systems also have features or components that are specific and customizable for the type of research and biologicals being utilized under current research efforts.

Seahorse XF technology enables the measurement of various metabolic parameters and functions using live cells, in real time in a patented microplate format-the patented microchamber design that allows for accurate continuous measurements of cell activity within minutes. Seahorse XF technology also includes XF test kits and reagents that provide standard methods for quantifying mitochondrial respiration, glycolytic rates and activity, ATP kinetics, endogenous and exogenous fatty acid oxidation, real-time immune cell activation, therapeutic target identification and validation, mitochondrial and safety toxicology, substrate oxidation, and metabolic phenotype. By providing all the necessary reagents, XF kits and assays are cost-effective, and standardized Analyzers can be interfaced with the Biotek Citation 5 for a validated, unified, normalization solution for the program office.

Delivery Date: 13 February 2025 Total Value:

4. Authority:

X FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

5. Reasons for Authority Cited:

i. Market research indicates that the Agilent Technologies, Inc. systems’ Seahorse XF and xCELLigence are the only systems available on the market that perform the required breadth of physiological measurements needed to support the current S&T efforts that can be paired with current capabilities in-house at U.S. Army Combat Capabilities Development Command-Soldier Center (DEVCOM-SC). The program office searched multiple vendor websites in an effort to identify suitable, comparable systems that may exist and can be utilized with the specific conditions and biologicals currently available at DEVCOM-SC. No other vendor provides a comparable platform with the necessary components, and support for the types of research efforts currently being conducted at DEVCOM-SC.

a. Supporting Facts:

i. Agilent Technology Inc. is the manufacturer and sole distributor of the xCELLigence product line, associated software, and consumables in the US.

ii. The measurement technology incorporated into the Seahorse XF HS Mini Analyzer is covered by US patent # 7,276,351 and other pending patents throughout the world.

iii. The footprint of the Seahorse XF and xCELLigence systems allow for proper and efficient installation into current laboratory space, specifically into closely regulated environmental chamber with in-house highly characterized and unique cellular models.

iv. DEVCOM-SC in-house instrument Citation 5 can only work with Agilent Technologies systems such as these.

ii. If this contract is not sole sourced, critical experiments and project objectives cannot be carried out in an effective manner. This will lead to a loss of performance in meeting the goals and objectives of internal and customer-driven efforts for the Warfighter and loss of a substantial amount of funds. Failure to acquire theses systems would harm other Government efforts.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, X apply and will be followed, or do not apply due to an exception at

5.202 ______________________.

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $150K, no posting required

Action is a brand name restriction, under $25K, no posting required X Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f)

FAR 8.405-6(b)(3)(iii)(A) FAR 8.405-6(b)(3)(iii)(B)

FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

7. Market Research: Market research was conducted from 31 October 2022 – 30 November 2022. Multiple vendor websites were searched in an effort to identify suitable, comparable systems that may exist and can be utilized with the specific conditions and biologicals currently available at DEVCOM-SC. No other vendor provides a comparable platform with the necessary components, and support, for the types of research efforts currently being conducted at DEVCOM-SC. The system is well characterized and will be easily implemented into laboratory research projects.

8. Other Facts: N/A.

9. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.