1954705_J&A.pdf

Justification for Other than Full and Open Competition:

Brand-Name at or Below the Simplified Acquisition Threshold

Project Title: Kodak M35A Film Processors parts/products

I . Identification of the agency and contracting activity

DHHS, NIH, NIAID, Division of Intramural Research (DIR) Requestors name: Ms. Tanya S Hendricks Requestors phone number: 301 607 0186

Requestors email address: tanya.hendricks@nih.gov Address of the requesting lab/office: Building 4, Room 418, 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): S & W Imaging Systems Inc.

• Sequence number, if available: 1898620

• Was the initial and any subsequent awards competed? ☒ Yes ☐ No

B. AMBIS Sequence number for this requirement: 1954705

C. Total estimated dollar value of the requirement (including options, if applicable): $78,460.00

D. Period of performance, inclusive of options: One 12-month base year and four 12-month option years. POP starts on May 1, 2019.

E. Project Background:

The National Institute of Allergy and Infectious Diseases (NIAID) maintenance of Kodak film processors are essential to furthering of the critical research projects of Division of Intramural Research (DIR), NIAID. Disruption in this critical service would cause a detriment to the laboratories and the integrity of research projects. Equipment includes two Kodak M35A film processors with serial numbers: 304228 & 304242.

F. Description of the supplies to be purchased.

Services is required for 2 Kodak M35A film processors. This service includes a requirement for Kodak brand parts/products as follows:

o Silver recovery bucket / Quantity: 2 / Catalog number: 3611 o E-pan chamber/ Quantity: 2 / Catalog number: 3620 o Developer / Quantity: 700 / Catalog number: D9001 o Fixer / Quantity: 700 / Catalog number: F9001

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

☒ 41 USC 3304(a)(1) a n d F A R P a r t 6 . 3 0 2 - 1 : Only one responsible source / Brand Name

☐ F A R P a r t 8 . 4 0 5 - 6 : Federal Supply Schedule (FSS), limited competition / Brand Name

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

☐ 41 USC 3304(a)(5) a n d F A R P a r t 6 . 3 0 2 - 5 : Authorized or required by statute / Brand Name

IV. Demonstration that the proposed brand name product’s salient characteristics (specific features, qualities and/or the nature of the acquisition) requires use of the authority cited.

Parts/products recommended by the Original Equipment Manufacturer (OEM) must be utilized. By utilizing OEM recommended parts/products ensures equipment operates as required. Small variations in consumables, chemicals, and parts can skew results and lower quality to unacceptable levels. More importantly alternative/non-standard products cause this equipment to break and/or not function properly. These alternatives/non-standard products delay research, and this is not acceptable considering the life aspect of the research being supported. No substitutions are allowed – the risk is just too high considering the lifesaving research. The project officer and the Contracting Officer have determined that only one brand-name source and no other brands or services will satisfy agency requirements.

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.