REDACTED--sole_source_justif--N02RC52596-76.pdf

Sole Source Justification

“Source Selection Information – see FAR 2.101 and 3.104”

1. Identification of the agency and contracting activity.

a. Federal agency and contracting activity.

HHS/National Institutes of Health (NIH)

b. Sponsoring organization.

National Cancer Institute (NCI), Center for Cancer Research (CCR), Laboratory of Receptor Biology and Gene Expression (LRBGE), High- Throughput Imaging Facility (HTIF)

c. Project Officer information.

2. Nature and/or description of the action being approved.

a. Acquisition purpose and objectives.

The CCR High-Throughput Imaging Facility within the Laboratory of Receptor Biology and Gene Expression is in need of a one-year equipment service agreement for maintenance of two (2) Opera QEHS automated microscopes, a PerkinElmer Plate Handler II 110 robotic arm and stackers system, and a PerkinElmer Janus automated liquid handling robot from PerkinElmer Health Sciences.

Each Opera QEHS system consists of a spinning disc micro-lens confocal inverted fluorescence microscope that is illuminated with four (4) different diode lasers and/or a UV lamp. These systems digitally capture multi-channel fluorescence images simultaneously using four (4) high-sensitivity CCD cameras. The systems contain a high precision x-y-z automated stage, high-speed laser autofocus, and high-magnification/high-numerical aperture water immersion objective lenses to collect images of cells in 96- or 384-well microplate format in the minimal amount of time. Each microscope is controlled by two (2) locally networked PC computers and specialized commercial control software.

Opera #1 (PE serial number OPERA5020) contains an environmental control unit (ECU) and liquid dispensing unit. Opera #2 (PE serial number OPERA5026) does not contain these accessories.

High content screens typically incorporate imaging more than a single microtiter plate for an experimental run. The PerkinElmer Plate Handler II

110 (PE serial number PH2-085) robotic arm and stackers system efficiently schedules and automates the loading/unloading of microtiter plates (96-, 384- plates) without the user being present, and allows for sequential placement of multiple users in a queue. It is an industrial, small footprint, 5-axis microtiter plate handling robot with an electrical gripper unit capable of processing microtiter plates (96-, 384-well plates) with the ability to load/unload microtiter imaging plates to/from the current PerkinElmer Opera QEHS system, and to/from three independent 14-position plate stackers housing the microtiter plates for imaging. The robotic arm has a dedicated PC computer and Plate::works II software package that integrates with the Opera HCS system software to allow communication between the two systems.

The automated liquid handling robot system consists of a base Janus platform outfitted with an 8-tip robotic pipetting arm and a 96/384-well whole plate Modular Dispensing Technology (MDT) robotic pipetting arm (NIH property ID# 01789486; PE SN#: DG03094847). The MDT pipetting arm is utilizes an interchangeable I30 dispense head (PE SN#DG03094859). The system also incorporates two PSS21 PlateStak devices (PE SN#: DS03094857, and DS03094858) for storage and delivery of additional pipette tips and plates. This system is used primarily for manipulating siRNA and compound libraries and mammalian cell cultures that are required for various microscopy-based screening assays. The combination of 8-tip and whole plate MDT-pipetting allows both flexible and high-throughput liquid handling and assay preparation.

Each of these systems is used heavily in ongoing high-throughput screening studies. Even a single day of down time deals a significant decrease in the productivity of the NCI studies. These complicated systems periodically malfunction and require prompt servicing by highly-trained engineers. The systems also require scheduled preventative maintenance due to wear and tear on moving parts and optical systems.

In addition to labor costs, the cost of replacements parts would be prohibitively expensive if purchased separately outside of a service agreement. This contract covers both parts and labor.

b. Project background.

The NCI has previously had a similar PerkinElmer Health Sciences Service Contracts to cover both Opera high-throughput microscopy and Janus liquid handing systems. The current contract HHSN261201400504P covers the equipment for a one-year period from 8/23/2014-8/22/2015. The current service contract was granted as sole source awards because PerkinElmer manufactures the equipment and is the only provider of factory trained maintenance personnel and original replacement components.

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

a. Project title.

Maintenance Contract for High-Throughput Microscopy, Automated Image Plate Loading/Unloading and Liquid Handling Equipment.

b. Project description.

Please see attached SOW document •••• 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.

���� New requirement X 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.

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

The period of performance requested is from 8/23/2015 to

8/22/2016.

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)(__) 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.

FAR Statute: 13.106-1 (b)(2)

(b) Soliciting from a single source.

(2) For purchases exceeding the simplified acquisition threshold. The requirements at 13.501(a) apply to sole-source (including brand-name) acquisitions of commercial items conducted pursuant to subpart 13.5.

���� 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).

PerkinElmer Health Sciences, Inc.

710 Bridgeport Avenue Shelton, CT 06484-4794

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

PerkinElmer is the only known manufacturer the scientific equipment to be serviced under the contract. The equipment is highly specialized and complicated, integrating many proprietary technologies. PerkinElmer is the only provider of service by factory trained engineers, and the only provider of original grade replacement parts. Past Performance experience of PerkinElmer engineers has found that they consistently provide maintenance of this equipment. . It is critical for the research community that the equipment mentioned above is calibrated accurately and maintained according to the manufacturer’s specifications. Any deviation from the specifications could ruin countless hours of work, distort and destroy the integrity of information and/or ruin further studies, and significantly delay the laboratory’s throughput. The software supplied with this equipment, which acts as the instruments operating system, is proprietary, and updates and patches are solely available through PerkinElmer. They have unlimited access to parts and technical support both of which are of a proprietary nature and included in the estimated price.

PerkinElmer Health Sciences, Inc. is the Original Equipment Manufacturer (OEM) therefore;

• They can provide OEM generated software and hardware component revisions as they are released by the OEM.

• They can provide immediate access to a full range of OEM replacement parts.

• They have sufficient knowledge of multiple, complex OEM-designed/installed modifications on the HTIF’s equipment that were made specifically to satisfy the HTIF’s requirement.

• They can provide telephone support that includes the latest OEM knowledge and recommendations.

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 pre-solicitation notice was posted on FedBizOpps on Aug. 5, 2015 with a response date of Aug. 17, 2015; 11:00AM EDT. No responses were received in response to the pre-solicitation notice.

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 previous purchase order prices as a determining factor for reasonableness.

Based on the aforementioned, there is no reason to believe that price will not be fair and reasonable to the Government. A final determination will be conducted prior to the award of this contract.

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.

As experts in the field of high-throughput microscopy, the NCI is aware of no other provider of service for this equipment. PerkinElmer is the only known provider of factory trained service engineers and original grade replacement parts. The NCI has performed numerous internet search engine inquires, and these provided no suitable alternative to PerkinElmer service.

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

No additional information.

10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition No other sources have expressed an interest, in writing, in the proposed acquisition.

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.

NCI anticipates the needs to be met successfully with this fulfillment of this requirement. In the event that additional service is required, the NCI program office and the and contracting officer will conduct market research to determine if the current state of technology has advanced and to determine if there are others sources available that can provide the supplies required.