HHSJOFOC_SpectraPhysicsLasers_NOIRML1915950_Redacted.pdf

Justification and Approval – 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. Department of Health and

Human Services [DHHS], National Institutes of Health [NIH], National Institute of Allergy & Infectious Diseases [NIAID], Acquisitions Management Operations Branch [AMOB].

b. Sponsoring organization. National Institute of Allergy and Infectious Diseases [NIAID], Division of Intramural Research [DIR], Research Technologies Branch [RTB], Biological Imaging Section [BIS]

c. Project Officer information.

Project Officer name.

Mailing address.

E-mail address.

Telephone number.

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

a. Acquisition purpose and objectives. The Research Technologies Branch (RTB), Biological Imaging Section (BIS) requires two lasers to provide a wide range of excitation wavelengths for a new Leica SP8 dive multiphoton confocal microscope system. The BIS currently utilizes Newport Spectra-Physics ultrafast lasers to support optical imaging requirements for Division of Intramural Research (DIR) investigators.

These lasers are essential pieces of equipment that enable the new Leica confocal microscope to perform enhanced multiplex multiphoton imaging from many different tissues that has become a priority to understanding the immune system. These lasers will also serve as backup replacements for Spectra-Physics lasers that are currently in use by the BIS. This Firm Fixed Price requirement includes one (1) Mai Tai HP DS and one (1) InSight X3 Dual laser.

b. Project background. The BIS of the RTB provides expertise, instruction, and instrumentation in optical microscopy to all National Institute of Allergy and Infectious Diseases (NIAID) investigators. Staff members are available to assist in experimental design and in the collection and analysis of high-quality images of living and fixed material. Techniques include confocal, fluorescence, intra-vital, and video microscopy, as well as post-collection quantification and deconvolution. To this end, state-of-the-art instrumentation is required. Acquisition of state-of-the art technologies promotes the overall mission of the DIR by providing tools to advance projects in basic and clinical research. Imaging has become central to many DIR studies in the fields of parasitology, virology, and immunology. In particular, confocal microscopy with its high resolution and multiple channels of data is most appropriate for collecting images of multiply labelled tissue sections or cells. To support DIR researchers, the BIS will utilize a new Lecia SP8 DIVE multiphoton confocal microscope for optical imaging. In order for BIS to provide a wide range of excitation wavelengths for this microscope, two Spectra-Physics ultrafast lasers are needed. The Leica SP8 microscope system is custom-designed and configured to use the Spectra-Physics lasers. The BIS currently utilizes several Spectra-Physics lasers for a variety of applications. Because experiments are planned long in advance, it is critical that if a laser should fail, that it can be swapped out with an identical spare laser already present in the BIS. Newport Corporation is the manufacturer and sole distributor in the United States for the Spectra-Physics lasers.

Previous NIAID purchases for similar requirements have been non-competitive, open market acquisitions:

Project: Two Spectra-Physics Ultra-Fast Lasers for In-Vivo Imaging on a Leica SP8 DIVE Multiphoton Confocal Microscope Purchase Order No.: HHSN272201701017P Vendor: Newport Corporation Delivery Date: 08/18/2017 Total Dollar Amount Obligated: $309,780.00 Project: InSight DS Dual Purchase Order No.: HHSN272201401121P Vendor: Newport Corporation Period of Performance: 09/13/2014 – 10/13/2014 Total Dollar Amount Obligated: $176,800.00

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

a. Project title. Newport Spectra-Physics Mai Tai HP and InSight X3 Lasers

b. Project description. This requirement includes the following Spectra- Physics ultrafast lasers:

Description Qty Unit

MAI TAI HP DS 1 EA

Completely automated, one-box, mode-locked Ti: Sapphire laser source with automated DeepSee dispersion compensation

INSIGHT X3 DUAL 1 EA

Third generation broadly tunable femtosecond laser with DeepSee dispersion compensation and dual wavelength output.

Each laser comes with a rack mountable power supply, chiller, rack accessory, and one-year warranty. The Mai Tai laser includes installation and operator training.

Requirement type.

Research & development (R&D) R & D support services 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 Follow-on Other (specify): ______________________

Proposed contract/order type.

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. AMBIS# 1915950 Presolicitation ID: NOI-RML-1915950

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

Total Dollar Value: .

Period of Performance: September 19, 2018 – January 31, 2019

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 41 unite States Code (U.S.C) 3304(a)(1) as set forth in Federal Acquisition Regulation (FAR) 13.106-1(b)(2) and 13.501(a).

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).

Newport-Spectra Physics Laser 3635 Peterson Way Santa Clara, CA 95054

b. Nature of the acquisition and proposed unique qualifications of the contractor(s). The Program and Contracting Office have determined that only Newport Spectra-Physics lasers will satisfy agency requirements. Spectra Physics lasers are currently utilized by BIS for its optical imaging program. These lasers are heavily used by BIS and their operation is imperative to the function of the laboratories. NIAID has invested considerable resources to ensure these systems are running at optimal performance. Using another brand of laser, even it if met all the same specifications, would not be able to be swapped out with an identical spare laser already presented in the BIS. Because experiments are planned long in advance it is critical that if a laser should fail, that it can be swapped out with an identical spare laser already present in the BIS. Therefore, these two lasers must be identical and from the same manufacturer – Newport Corporation. The lasers must also be capable of being serviced in the field, to minimize downtime or the need for replacement. Newport provides high-quality, in-field service of its lasers systems (in comparison to shipping back to a manufacturer and replacing the laser system, a common practice by other manufacturers). This is highly important for us to assure that we can minimize the laser/microscope down time when problems occur. Additionally, the confocal microscopes run the Leica Application Suite X (LAS X) software platform. The two lasers must be from the same manufacturer, so they can be controlled simultaneously by the LAS X software. The new Leica SP8 DIVE microscope system is custom-designed and configured to use the Spectra-Physics lasers. This includes the matching of the optical properties (e.g. polarization, pulse width, beam shape, etc.) and the physical properties (laser beam height) of the Spectra-Physics lasers with the requirement of the microscope to assure the optimum performance of the whole microscope/laser system.

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. As required by FAR Subpart 5.2, a Notice of Intent (NOI) to award a sole source contract was publicized on FedBizOpps (www.fbo.gov) August 21, 2018 to announce the Government’s intent to obtain the Spectra-Physics lasers on a non-competitive basis. NIAID received no inquires from the NOI.

7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable. The techniques identified at FAR 13.106-3(a)(2) will be used to ensure award will be at fair and reasonable prices. NIAID will consider the independent Government estimate, market research, comparison with similar items in the marketplace, and quoted prices found reasonable on previous purchases as determining factors for price reasonableness. A final determination by the Contracting Officer will be conducted prior to award of a purchase order.

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.

The BIS conducted the initial market research by reviewing NIAID’s existing microscopic imaging equipment from Newport and Leica and scanning the market for potential alternatives that could satisfy the Government’s requirement.

Their research concluded that Newport is the only source for the required equipment. Newport is the sole manufacturer and distributor of the Spectra- Physics lasers in the United States. Market research conducted by the Contract Specialist (CS) included a review of mandatory priorities in accordance with FAR Subpart 8.002(a)(1) Priorities for Use of Government Supply Sources and she determined that none of the mandatory Government sources could satisfy this requirement. Additional market research by the CS included contacting knowledgeable Government and Industry professionals and reviewing previous purchases for similar requirements. The CS contacted Newport and learned that they do not have authorized resellers and their products are only available directly from the manufacturer through the open market. Newport’s products are not available through existing government-wide contract vehicles such as GSA Federal Supply Schedule (FSS). A review of previous NIAID purchases for Spectra-Physics lasers show they were open market procurements with Newport.

Additionally, NIAID did not receive any inquires to the NOI that was posted on FedBizOpps (www.fbo.gov) for this requirement. In conclusion, the market research supports a sole source, open market award to Newport Corporation as the only source available to the Government for this requirement.

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

The BIS has considered various options for this requirement. They have found that by using existing components versus purchasing an entire new system will save the government considerable resources. The BIS staff is fully trained on the use of the Spectra-Physics lasers, therefore allow the flow of the laboratory work to continue without additional delays for training. Use of another brand of laser would require extensive re-training which would delay many experiments.

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

No sources expressed an interest, in writing, to the pre-solicitation notice that was published on August 21, 2018 indicating intent to issue a sole source award to Newport Corporation. The notice closed on August 31, 2018 and no responses were received.

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. To remove or overcome barriers to competition in the future, the market will be scanned frequently for companies and products that could satisfy the Government’s requirement. The agency will continually re-evaluate the products currently being used and will research equipment that will be in the Government’s best interest as best value for future procurements. The current situation requires Spectra- Physics lasers to support the BIS’ optical imaging program. Since there is a continual re-evaluation of the products currently being used by the agency for the present requirement, it/when alternatives become available, they will be evaluated for use.

12. Program office certification.

This is to certify that the portions of this justification that have been developed by the undersigned program office personnel, including supporting information and/or data verifying the Government’s minimum needs, schedule requirements and other rationale for other than full and open competition, are accurate and complete.

Official Name & Title Signature Date

Project Officer

7/10/2018

Project Officer’s

Immediate Supervisor

Head of the Sponsoring

Program Office

13. Contracting Officer certification.

This is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief the information and/or data provided to support the rationale and recommendation for approval is accurate and complete.

Official Name & Title Signature Date

Contracting Officer

14. Chief of the Contracting Office and Head of the Contracting Activity signature(s).

Official Name & Title Signature Date

Chief of the Contracting

Office

N/A

Head of the Contracting

Activity

N/A

15. Competition Advocate signature.

Official Name & Title Signature Date

Competition Advocate

N/A

16. HHS Senior Procurement Executive signature.

Official Name & Title Signature Date

HHS Senior Procurement

Executive

N/A