1900422J&A.pdf

Attachment 5 Page 1

Justification for Other than Full and Open Competition Sole Source

“Source Selection Information – see FAR 2.101 and 3.104”

1. Identification of the agency and contracting activity.

a. Federal agency and contracting activity. DHHS/National Institutes of Health (NIH)/National Institute of Allergy & Infectious Diseases (NIAID)/Acquisitions Management Operations Branch (AMOB)

b. Sponsoring organization. Division of Intramural Research (DIR), NIAID, Center for Human Immunology (CHI)

c. Project Officer Information:

Project Officer Name. Angelique Biancott, Ph.D.

Mailing address. 9000 Rockville Pike, Building 10, Room 7N110, Bethesda, MD 20892.

E-mail address.

Telephone number. (301) 402-1006

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

a. Acquisition purpose and objectives.

Upgrade current Becton, Dickinson, and Company cell analysis system with the FACSymphony A5 equipment. The research performed in the Flow Cytometry Section of the Center for Human Immunology (CHI) is heavily reliant on this analysis equipment. The process involves characterizing the antigen expression of single cells using fluorochrome-conjugated monoclonal antibodies. The upgraded instruments will allow for the requirement to process/analyze protein and the gene expression of thousands of single cells (Rhapsody Single-Cell Analysis System profiles) simultaneously. This increased cell analysis capability/equipment upgrade is essential for research efforts.

b. Project background.

Polychromatic flow cytometry allows the understanding of cell complexity and reduces the number of staining required to characterize cells present in human blood by allowing detection in high dimensions. The purchase of this instrument is necessary to advance research efforts, maintain the high quality of our research in the field of human immunology, and certainly to resolve the important questions that are eluding our current understanding of Immunology. This upgrade will also allow for gene expression analysis on matched cells run in flow cytometry.

This is a follow-on requirement to increase cell analysis capacity. The manufacturer of this equipment is Becton, Dickinson, and Company. This

Attachment 5 Page 2 company sells directly to the public and does not have any resellers. Previous purchases for similar requirements were sole source acquisitions through a combination of open market and Federal Supply Schedules (FSS) contracts.

# Contract/Order Number Vendor Date Dollor Amount

1 HHSN272201700151U BECTON, DICKINSON AND COMPANY 2/17/2017 $125,349.48

2 HHSN272201600151U BECTON, DICKINSON AND COMPANY 2/23/2016 $125,877.00

3 HHSN272201600137P BECTON, DICKINSON AND COMPANY 10/29/2015 $7,536.30

4 HHSN272201400938P BECTON, DICKINSON AND COMPANY 7/30/2014 $473,905.00

5 HHSN26399990103B27200147 BECTON, DICKINSON AND COMPANY 11/18/2010 $6,845.00

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

a. Project title. Cell Analysis System Upgrade

b. Project description.

Obtain laboratory biologicals

Requirement type.

Research & development (R&D) R & D support services Support services (non-R&D) X Supplies/equipment Information technology (IT) Construction Architect-engineer (A & E) services Design-build Other (specify): ____________________

Type of action.

New requirement X Follow-on to # Contract/Order Number Vendor Date Dollor Amount

1 HHSN272201700151U BECTON, DICKINSON AND COMPANY 2/17/2017 $125,349.48

2 HHSN272201600151U BECTON, DICKINSON AND COMPANY 2/23/2016 $125,877.00

3 HHSN272201600137P BECTON, DICKINSON AND COMPANY 10/29/2015 $7,536.30

4 HHSN272201400938P BECTON, DICKINSON AND COMPANY 7/30/2014 $473,905.00

5 HHSN26399990103B27200147 BECTON, DICKINSON AND COMPANY 11/18/2010 $6,845.00

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, Attachment 5 Page 3 definite quantity, or requirements): ___________ Other (specify): ___________ Completion Form Term form

Acquisition identification number. ABMIS 1900422 – FedBizOpps

NIAID-NOI18-1900422

c. Total estimated dollar value is $778,221.89. This price includes the following:

BD FACSymphony cell analysis system; scanner; installation, on-site training/demonstration; and 12-month warranty. Performance/delivery period is August 27, 2018.

4. Identification of the statutory authority permitting other than full and open competition.

X This acquisition is conducted under the authority of 41 USC 3304(a)(1) and FAR Part 6.302-1 – Only one responsible source.

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).

Becton, Dickinson, and Company, 2350 Qume Dr., San Jose, CA 95131

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

Becton, Dickinson, and Company is the manufacturer of the FACSymphony A5 equipment and they do not have any resellers for this product. This equipment expansion must utilize the same equipment and software currently being utilized to maintain continuity and data integrity. With that being said, to maintain research/project parameters and perform proper analysis/manipulation of experimental samples, it is essential to utilize the same equipment, biologicals, chemicals, and consumables throughout the life span of the research efforts.

Products, reagents, and materials may appear to be similar, however, small factors in their production can lead to vastly different and inconsistent results. A change in the equipment and/or reagents used in the project might therefore cause an unacceptable variation in results. In addition to the significant loss in time and effort this would cause, the experimental samples being used are extremely limited and, in many cases, cannot be replaced. The use of other products, supplies, and reagents may put these experiments at risk.

Current BD cell analysis system is aging and has a very limited capacity, only measures 18 parameters on a single cell. This capacity is far below what is required. BD cell analysis upgrade is critical.

Attachment 5 Page 4

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.

Pre-solicitation was publicized via FEDBIZOPPS on April 24, 2018. No responses were received.

7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable based on comparison to similar equipment.

The cost is within industry norms and is fair and reasonable. The Becton, Dickinson, and Company Symphony system for this acquisition is priced at $778,221.89, while the similar sample analysis systems like the Orbitrap Fusion Basic system cost $786,720 and the 7T Bruker Soarix FTMS system cost $834,241.81. Becton, Dickinson, and Company Symphony system is on the lower end of the spectrum and is priced fair and reasonable.

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.

Several market research techniques were used to identify other possible sources, including review of acquisitions on similar items, queries of internet information sources, contact of knowledgeable individuals in the government and in industry, and review of catalogs and product literature. The results of this research indicated there is only one manufacturer/source for this product. Market research was conducted on April 9, 2018. Some of the venues researched are as follows:

Vendor Person Description

1 Becton, Dickinson, and Company Mr. Wade McKenzie Discussed sole source aspect

2 NIAID Federal Employee Mr. Fred Sparks

In regards to IT clearance. Software/equipment compatible with existing sytsem. Past history.

3 Angelique Biancotto Dr. Angelique Biancotto Info in regards to system requirements. Required documentation.

Government Scientific Sources

(GSS) Inc GSA Advantage Reviewed different systems from Bruker Daltonics

Thermo Electron North America

LLC. GSA Advantage Reviewed different systems from Thermo Electron

6 AMBIS

Researched previous history

Research revealed Laboratory utilized Becton, Dickinson, and

Company for cell analysis portion of the research.

7 NIAID Federal Employee Mrs. Gayle Sunde Acquisition strategy

8 DCIS Reviewed orders within DCIS

Search of DCIS was conducted with the following results:

Contract ID Vendor Name Contracting Agency Date Signed Obligation ($)

HHSN261201600503P BECTON, DICKINSON AND COMPANY NATIONAL INSTITUTES OF HEALTH 28‐Jul‐16 $750,000.00

HHSN268201700349A BECTON, DICKINSON AND COMPANY NATIONAL INSTITUTES OF HEALTH 20‐Sep‐17 $700,172.50

FA700017P0128 BECTON, DICKINSON AND COMPANY DEPT OF THE AIR FORCE 27‐Sep‐17 $600,532.00

HHSN268201300068C BECTON, DICKINSON AND COMPANY NATIONAL INSTITUTES OF HEALTH 24‐Sep‐13 $557,395.00

VA24417F6297 BECTON, DICKINSON AND COMPANY VETERANS AFFAIRS, DEPARTMENT OF 26‐Sep‐17 $502,623.62

VA24017P0201 BECTON, DICKINSON AND COMPANY VETERANS AFFAIRS, DEPARTMENT OF 9‐May‐17 $486,733.62

DOCSB134109SU0937 BECTON, DICKINSON AND COMPANY

NATIONAL INSTITUTE OF STANDARDS AND

TECHNOLOGY 31‐Aug‐09 $452,375.54

HHSN273201200011C BECTON, DICKINSON AND COMPANY NATIONAL INSTITUTES OF HEALTH 25‐Sep‐12 $448,070.39

VA26113P2888 BECTON, DICKINSON AND COMPANY VETERANS AFFAIRS, DEPARTMENT OF 21‐Sep‐13 $433,119.44

HHSN261201700016A BECTON, DICKINSON AND COMPANY NATIONAL INSTITUTES OF HEALTH 11‐Apr‐17 $402,814.00

Attachment 5 Page 5

Search of AMBIS was conducted with the following results:

# Contract/Order Number Vendor Date Dollor Amount

1 HHSN272201700151U BECTON, DICKINSON AND COMPANY 2/17/2017 $125,349.48

2 HHSN272201600151U BECTON, DICKINSON AND COMPANY 2/23/2016 $125,877.00

3 HHSN272201600137P BECTON, DICKINSON AND COMPANY 10/29/2015 $7,536.30

4 HHSN272201400938P BECTON, DICKINSON AND COMPANY 7/30/2014 $473,905.00

5 HHSN26399990103B27200147 BECTON, DICKINSON AND COMPANY 11/18/2010 $6,845.00

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

In addition to the requirement for equipment and software to be compatible with existing systems, this system must compatible and consistent with other laboratories. Additional equipment operates software that is identical to existing flow cytometers currently maintained by in numerous other laboratories within the Division of Intramural Research (DIR), NIAID and therefore provides the required compatibility and continuity between current experimental protocols and facilitates transition to the new technology. Data must be interchangeable between laboratories and to ensure data integrity the same equipment, software, and consumables must be utilized. Small changes to equipment, software, and consumables would have a serious adverse effect on sample analysis results and the ability to verify/collaborate information between laboratories. Upgrade must utilize the same equipment, software, and consumables to ensure data integrity for various research efforts.

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

No other sources have expressed an interest 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.

It is the policy of NIAID to promote the use of competitive procedures whenever and wherever possible. In an effort to remove or overcome barriers to competition in the future, the market will be scanned frequently for new companies and products that could satisfy the Government’s requirement. The staff meets regularly with products manufacturers and vendors and attends manufacturer and industry training to keep current on technology. Vendor and trade magazines are scanned for new, open technologies that can satisfy future infrastructure requirements. The agency will continually re-evaluate the products currently being used and will research for the manufacturers and products that will be in the Government’s best interest as best value for future replacement products at the agency’s site and at sites the agency supports. The current situation requires a sole source justification to satisfy requirements. Since there is a continual re-evaluation to products currently being used by the agency for the present requirement, if/when alternatives become available, they will be evaluated for use.