1933369_J&A.pdf

Justification for Other than Full and Open Competition at or Below the Simplified Acquisition Threshold Project Title: Leica Microscope Maintenance

I . Identification of the agency and contracting activity

DHHS, NIH, NIAID, Laboratory of System Biology (LSB) Requestors name: Derek Einhaus Requesters phone number: 301‐761‐5317 Requesters email address: derek.einhaus@nih.gov Address of the requesting lab/office: 4 Memorial Drive, Bethesda, MD 20892

II. Description of the project, and supplies or services required to meet the agency’s needs (including the estimated value)

A. Type of action: (check the appropriate box):

☒ New requirement

☐ Follow‐on

Name of the previous contractor(s):

Sequence number, if available:

Was the initial and any subsequent awards competed? ☐ Yes ☐ No B. AMBIS Sequence number for this requirement: 1933369 C. Total estimated dollar value of the requirement (including options, if applicable): $123,930.00 D. Period of performance, inclusive of options: 11/22/2018 ‐ 11/21/2019 E. Project Background

The LSB investigates basic aspects of innate and adaptive immune function, with an emphasis on how the body, and more specifically, different cell types within the body discriminate between self and non‐ self. This discrimination is the crucial mechanism by which the body patrols itself and is able to respond appropriately upon infection by a microorganism. Using computational biological approaches coupled with more traditional biological experimentation, the LSB strives to build models of how the mammalian immune system responds to pathogens and vaccines. These models allow us to make informed predictions as to how the body will respond when challenged by various vaccine formulations and infectious diseases.

In order to address these questions, it is imperative to know which cell types are present in a given experimental sample and to characterize the interactions between these diverse cell types. Examination of how diverse cells cross‐talk and how such activities coordinate during vaccination can only be done in the context of non‐disrupted host physiology and thus requires dynamic imaging of intact animals. It is of paramount importance that one can visualize as many cell types as possible for a given specimen. With that being stated, the Leica imaging system is crucial in this endeavor and to ensure this critical system is available for research projects a maintenance service is required.

F. Description of Supplies/services to be purchased In order to maintain the reliability and support of the Leica CS SP8 imaging system it is necessary to maintain equipment for optimal functionality. Maintenance service is required.

III. Identification of the statutory authority permitting other than full and open competition (SELECT ONE)

☒ 41 USC 253(c) (1) and FAR Pa r t 6 . 302 ‐1 : Only one responsible source ☐ FAR Pa r t 8 . 405 ‐6 : Fede r a l Supp l y S chedu l e ( F S S ) , l im i t ed compe t i t i on

☐ An urgent and compelling need exists, and following the procedures would result in unacceptable delays

☒ Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized and must be maintained by the original manufacturer.

☐ In the interest of economy and efficiency, the new work is a logical follow‐on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole‐source or limited‐sources procedures.

Important Note: The statutory authorities listed below will rarely ever be used in NIH. Before selecting one of these authorities, please ensure that you have read and understood the citation and discussed it with the cognizant Contracting Officer.

☒ 41 USC 253(c)(2) and FAR Pa r t 6 . 3 02 ‐2 : Unusual & compelling urgency ☐ 41 USC 253(c)(3) and FAR Pa r t 6 . 3 02 ‐3 : Industrial mobilization; or engineering, developmental, or research capability; or expert services ☐ 41 USC 253(c)(4) and FAR Pa r t 6 . 3 02 ‐4 : International agreement

☐ 41 USC 253(c)(5) and FAR Pa r t 6 . 3 02 ‐5 : Authorized or required by statute

☐ 41 USC 253(c)(6) and FAR Pa r t 6 . 3 02 ‐6 : National security

☐ 41 USC 253(c) (7) and FAR Pa r t 6 . 302 ‐7 : Public interest

IV. 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):

Leica Microsystems Inc.

Life Scince Division 1700 Leider Lane Buffalo Grove, IL 60089

B. Describe why only the requested supply/service will meet the government’s needs Maintenance service for the Leica imaging system is crucial to the LSB research efforts. This high‐tech system is in high demand/high usage and is critical in the collection of complex data for various projects.

This system is being utilized to analyze high value, limit samples, that cannot be replaced and if compromised through a lack of system maintenance, improper maintenance, and/or is not calibrated on a routine basis would have a series impact/delay on critical research efforts. This manufacturer sells directly to the public and the only way to obtain parts/service is from Leica Microsystems Inc. With the life aspect involved with the acquisition, failure to obtain maintenance in a timely manner or improper maintenance is an unacceptable risk at this time. Project manager and the Contracting Officer have determined that only one source and no other source will satisfy agency requirements.

C. Describe why only the proposed contractor is capable of providing the requested supply/service The only way to maintain proper calibration, maintenance, and parts of this critical system is to acquire maintenance agreement with Leica Microsystems Inc. The manufacturer does not license third party technicians; therefore Leica Microsystems Inc. is the only provider/sole source.

V . Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable.

Price reasonableness determination will be included in the acquisition file.