1-07__REDACTED_Sole_Source_for_69-0045-18.pdf

DEPARTMENT OF THE NAVY

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON, DC 20375-5320

Justification for Other than Full and Open Competition Under

Simplified Procedures For Certain Commercial Items In Accordance With Federal Acquisition Regulation (FAR) 13.5

PURCHASE REQUEST NO. 69-045-18

J&A NO: J&A13.501-18-TL05

Estimated Cost: $350,000

On the basis of the following, I, as the Brenda Green, hereby approve the use of a sole source proposed contractual action pursuant to the authority of :

☒ 41 U.S.C. 1901 ☐ 41 U.S.C. 1903

1. The U.S. Department of Navy; Naval Research Laboratory Contracting Division proposes to enter into a sole source contract with LabCyte Inc. , under simplified procedures for certain commercial items included in FAR subpart 13.5.

2. The nature and/or description of the action being approved, i.e., sole source under procedures for certain commercial items in accordance with FAR 13.5.

Purchase of a LabCyte, Inc. Echo 525 acoustic wave liquid transfer system as a firm fixed price contract.

3. A description of the supplies and/or services required, including the delivery schedule and/or the period of performance (inclusive of all option periods), and the estimated dollar value of the acquisition.

Within the Center there are several research projects that require the rapid and highly accurate dispensing of very low volumes of liquids to different destination formats. An acoustic wave transfer system capable of dispensing nanoliters volumes to multiple different destination formats with a high degree of accuracy and reproducibility is required. Specifically, there is a need to be able to dispense from nanoliter to microliter volumes to microtiter plates (96-, 384-, 1536 well formats), mylar or other polymer sheets, as well as a variety of chip and slide formats. The small droplet size will lead to a significant reduction in the overall cost of individual assays as reaction volumes will be significantly decreased eliminating the waste of costly reagents. Additionally, through the acquisition of an acoustic wave transfer system, the cost of consumables such as pipette tips and storage reservoirs is also eliminated. Delivery to multiple destination formats (listed above) ensures that instrument can be used for high-throughput plate-based assays, array-based assays, and traditional low-throughput assays ensuring utilization by numerous projects/groups within the Center.

To ensure applicability to widest range of users the instrument will specifically require the ability to dispense volumes of 25nL into a variety of different destination formats. Will require a temperature regulation system to ensure uniform solution temperature of reagents for accurate/reproducible transfer of reagents that may vary considerably in viscosity, salinity, and their chemical properties. The system must have an integrated capability to analyze reagents/samples to ensure the success off the transfer by monitoring transfer power.

Additionally, the instrument must be able to compensate with changes to the transducer height and power based on analysis of individual samples. Finally, the instrument must be able to transfer not only chemical solutions but also both bacterial and mammalian cells and a variety of nanoparticles solutions that exist as native colloids. The estimated dollar value is $350,000.00

1-07 J&A for Other Than Full and Open Competition under SAP for 69-0045-18 JA

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4. The statutory authority permitting sole source.

☒ 41 U.S.C. 1901 ☐ 41 U.S.C. 1903

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring use of the authority.

Specifications to meet the different applications within our Center was developed. LabCyte’s Echo met all requirements. They also have patent on the sample analysis during the experiment (Dynamic Fluid Analysis) and a chiller to maintain sample temperature.

pg. 3

6. A description of efforts made to ensure offers/quotes are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized in FEDBIZOPPS (as required by FAR 5.2) and, if not, which exception under

5.202 applies.

A thorough research through colleagues, internet, and instrument expos identified only 2 sources for acoustic wave liquid transfer systems: LabCyte, Inc., EDC Biosystems.

A Sources Sought request was posted on February 21, 2018 with a response date of March 2, 2018. Only 1 response was received and it was from Labcyte, Inc. A review of the information provided by Labcyte indicates that they meet all the requirements listed in the specifications. Due http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/05.htm#P56_9651 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/05.htm#P67_10794

pg. 4 to only 1 response, the Sources Sought request was extended to March 12, 2018. From the market research previously performed a second company, EDC Biosystems was identified as having an acoustic wave liquid handling system. EDC Biosystems was informed about the extension by Code 6900. No additional responses were received by the 2nd closing date.

Further, a Notice of Intent to Award will be publicized in FEDBIZOPPS, for fifteen (15) days, prior to issuance of a solicitation, or a proposed contract action the Government intends to solicit and negotiate with only one source.

Vendors who feel that they can provide the above requirement may submit a quotation and technical capabilities, which if received within fifteen (15) calendar days of publication of this notice, shall be considered by NRL. All responses must be submitted to the Government point of contact at the email address shown below. A determination by the Government not to open the requirement to competition based upon the responses to this notice is solely within the discretion of the Government. The intent of this notice is for informational purposes only. No award will be made on the basis of quotes or offers received in response to this sole source notice of intent.

If it is determined that this is not a sole source based upon submitted vendor technical capabilities, this notice will be cancelled and a separate competitive solicitation will be issued.

7. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the contracting officer that the anticipated cost to the government will be fair and reasonable.

The anticipated cost is USD $350,000. The Contracting Officer has determined that the anticipated cost to the Government will be fair and reasonable based on market research and similar purchases made recently at the following institutions (found on GovTribe):

- National Center for Advancing Translational Sciences (HHSN271201700018A) - $427.8K

- National Cancer Institute (HHSN261201700024A) - $232.7K

- HHSD200201690301C - $301K

- Environmental Protection Agency (EP16C000050) - $363K

8. A description of the market research conducted and the results or the reason market research was not conducted.

Prior to the issuance of a Sources Sought/Request for Information (RFI), the end user spoke with experts in the field of synthetic biology/ cell-free systems for which the instrument will primarily be used and each indicated that an acoustic liquid handling system was essential for multi-variable/component assays and optimization of complex cell-free systems. The end user also spoke with both industry experts (Zachary Sun – SynVitiroBio) and academic experts (Richard Murray- Caltech and Vincent Noireaux- University of Minnesota), and spoke with collaborators at the Air Force Research Laboratory who are currently using an acoustic liquid handling system for similar studies.

Two acoustic wave transfer systems were identified and examined for their ability to satisfy all the aforementioned requirements (Sections I and II): LabCyte’s Echo and EDC Biosystems” ATS system. Initial evaluation indicated that the Echo satisfied all requirements. While the ATS system met some of the requirements, for other requirements (Section II 6 and 7) it was unknown from their website. The EDC Biosystems ATS system did not have an integrated chiller that would ensure temperature stability which is known to effect transfer efficiency which was listed in Section I. The EDC Biosystems unit is able to dispense a range of volumes to numerous

pg. 5 different plate formats, however, the precision is not mentioned for individual volumes and there was no indication that the system could transfer to MALDI chips nor was it able to transfer living cells. EDC Biosystem has not been responsive to numerous inquiries.

Prior to the start of the procurement, both LabCyte and EDC Biosystems were invited to demonstrate their systems and provide references of those who already purchased the systems.

Only LabCyte did the demonstration and provided references. EDC Biosystems have been non-responsive except that their system was similar to LabCyte and similar in cost.

Sources Sought N00173-18-RFI-TL05 was posted to FBO.gov, on February 21, 2018, with a response date of March 2, 2018. Only 1 response was received and it was from Labcyte, Inc. A review of the information provided by Labcyte indicated that they met all the minimum technical specification.

Due to only 1 response, the Sources Sought request was extended to March 12, 2018 and EDC Biosystems was informed about the extension by Code 6900. No additional responses were received by the 2nd closing date.

Technical staff re-examined EDC Biosytems’ website and could not find any information regarding handling and analysis of samples in various solutions within 1 experiment. LabCyte’s Echo has a patented method for this type of analysis. Also, on EDC Biosystems’s site there was no indication about using 50% glycerol and 30% DMSO which is listed in Section II. LabCyctes’ response indicated that the Echo could handle those solutions.

9. Any other facts supporting the use of sole source.

LabCyte, Inc is the only vendor identified who is able to meet the requirement/specification identified

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

VENDOR NAME LOCATION POINT OF CONTACT CAPABILITY TYPE OF

BUSINESS

LabCyte, Inc.

San Jose, CA identified Capable of meeting the requirements and recommends the Echo® 525 Liquid Handler, Echo® Qualified Source Plates and Echo® Software Applications

Small Business

11. A statement of any actions the agency will take to remove or overcome any future barriers to competition before any subsequent acquisition for the supplies or services required.

This is a one-time purchase to acquire a single system that is best suited to NRL’s research needs. Should the need for additional procurements of these specialized devices arise in the future, market research will be conducted to determine market availability and whether other companies’ similar products meet or can be modified to meet the agency’s needs.