NMRC JA_Sole source_7304_Signed.pdf

JUSTIFICATION AND APPROVAL

OTHER THAN FULL AND OPEN COMPETITION

1. Identification of the agency and the contracting activity.

This justification is executed by the Naval Medical Research Command (NMRC), Silver Spring, MD, on behalf of the Navy to meet Navy Expeditionary Medical Research requirements.

The contracting activity is Life Technologies Corporation, North American Sales and Service

Attn: Service Contract Administration, Mailstop: PLE C-1, 5781 Van Allen Way, Carlsbad, CA

92008; Tel: 1-800-955-6288, option 3,3; Fax: 1-925-426-2051; Email:

service.sales@thermofisher.com

2. Nature and/or description of the action.

A total maintenance plan, with a one-time reinstatement service, and two option years needs to be set up for an Applied Biosystems 3500 Genetic Analyzer, a model of sequencing instrumentation. Service needs to be performed on equipment on at least an annual basis and additionally if problems arise to ensure proper functioning and safety of users for viral and

Rickettsial diseases sequencing procedures. Vendors need to be able to provide technicians that are qualified and able to perform service and maintenance on Applied Biosystems equipment and genetic analyzers. More specifically, the vendors need to be able to the service need of our

Applied Biosystems 3500 Genetic Analyzer.

3. Description of Supplies or Services:

The need is for a vendor that can provide technicians that are qualified to perform service and maintenance, as well as the reinstatement service, on Applied Biosystems 3500 Genetic

Analyzer. In addition, the vendor needs to be able to include a base year, with two option years.

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

The statutory exception permitting other than full and open competition for this acquisition is 10

U.S.C. 2304(c)(1) and FAR 6.302-1 sole source (including brand name) acquisitions OR FAR

13.106-1(b)(1) soliciting from a single source.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Life Technologies Corporation acquired Applied Biosystems, the original equipment manufacturer (OEM) of the 3500 Genetic Analyzer, in 2008. Since then, Life Technologies

Corporation has sold and offered maintenance plans for their sequencing equipment. Life

Technologies does not authorize any third-party service provider to perform maintenance and repair on Life Technologies instruments, is the only manufacturer authorized service provider for mailto:service.sales@thermofisher.com

AB instruments. Life Technologies maintains IP rights to its collection software and service tools software, and third party resellers and service providers are strictly prohibited from accessing, using or selling this software.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

Efforts were conducted by contacting various maintenance service vendors, including the OEM and GSA Advantage. A total of 5 vendors were contacted and provided a response.

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

The Contracting Officer shall determine the anticipated cost to the Government of the supplies/services covered by this Justification and Approval will be fair and reasonable by conducting a price analysis before an award is made.

8. Description of the market survey conducted and the results, or a statement of the reasons a market survey was not conducted.

A competitive search was difficult to perform, as other vendors (TritTech, DuVall, and GSS) were not able to or authorized to service this a Applied Biosystems 3500 Genetic Analyzer instrumentation/equipment from Life Technologies (Applied Biosystems)/this OEM. Though, GSA Advantage holds a contract for service with the OEM of this equipment, it only offers the service at a higher cost as single base year and without the reinstatement service portion required for the AB Assurance 1PM Plan. In summary, only one vendor, the OEM Life Technologies Corporation, was found to offer the AB Assurance 1PM Plan and reinstatement of service for the

Applied Biosystems 3500 Genetic Analyzer with base and two option years..

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

None

10. Listing of Sources, if any, which expressed, in writing, an interest in the acquisition.

Formal communication with the vendor was via e-mail.

11. Statement of actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

Not applicable.

12. Point of Contact.

The point of contact at the Naval Medical Research Command, Silver Spring, MD, regarding the contents of the sole source justification is, Deborah M. Sharpe, who may be reached at (301)

319-6471.

TECHNICAL AND REQUIREMENTS CERTIFICATION REQUIRED

BY NAVSUP 4200.83 series

I certify that the facts and representations under my cognizance which are included in this justification and approval and which form a basis for this justification are complete and accurate.

Technical Cognizance

JENKINS.SARAH.ANN.15

00933581

LCDR Sarah Jenkins

Department Head

DSD

Requirements Cognizance

JENKINS.SARAH.ANN.150

0933581

LCDR Sarah Jenkins Department Head

DSD

Digitally signed by

JENKINS.SARAH.ANN.1500933581

Date: 2024.01.26 12:53:55 -05'00'

Digitally signed by

JENKINS.SARAH.ANN.1500933581

Date: 2024.01.26 12:54:07 -05'00'

Phone Date

Phone Date

CONTRACTING OFFICER CERTIFICATION

I certify that this justification is accurate and complete to the best of my knowledge.

Contracting Officer Phone Date Naval Medical Research Command

02-01-2024301-319-6471