4-Award_Notice_.docx

Attachment C

Justification for Other than Full and Open Competition

“Source Selection Information – see FAR 2.101 and 3.104”

1. Identification of the agency and contracting activity.

a. Federal agency and contracting activity. Health and Human Services (HHS), National Institute of Health (NIH), National Institute of Allergy and Infectious Diseases(NIAID)

b. Sponsoring organization. The National Institute of Allergy and Infectious

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

a. Acquisition purpose and objectives.

This request on behalf of the Laboratory of Parasitic Diseases (LPD), Laboratory of Clinical Immunology and Microbiology (LCIM), and the Research Technologies Branch (RTB) for the purchase of a new BD FACSymphony High Throughput Sampler to be housed in building 33 and operated by RTB. This instrument, which is a high-speed cell analyzer that enables identification and analysis of rare cell types, directly benefitting DIR researchers

b. Project background.

The RTB provides flow cytometric analysis and sorting for all of the Intramural program, NIAID, NIH. The facility is equipped with specialized instrumentation dedicated to the science of flow cytometry, which entails answering biological questions by analysis of multi-parameters at the individual cell level. The procurement of this additional cytometer will guarantee the optimal function and therefore reliable data of the flow cytometry analysis and sorting for DIR Investigators.

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

AMBIS# 1977417 BD Symphony FACSymphony High Throughput Sampler Flow Cytometer & Fortessa System. Estimated price: $590,928.36

Project description.

The Laboratory of Parasitic Diseases (LPD), Laboratory of Clinical Immunology and Microbiology (LCIM), and the Research Technologies Branch (RTB) requests the purchase of a BD FACSymphony High Throughput Sampler. This is a state-of-the-art flow cytometer that allows for the greatest number of simultaneous measurements and highest sensitivity of the available instruments. The RTB currently has one in use which is located in Building 4. The LPD, and LCIM, (totaling 14 end users) are major users of the machine in Building 4 but are all located in Building 33. As this is the most capable FACS machine offered by the RTB, it is in extremely high demand. Experimental pace is routinely slowed by wait times for access to the machine. Moreover, experiments have been lost when the machine must be serviced due to unexpected failures, as there is no back up. Installation of a BD FACSymphony will both provide the service for the Building 33 occupants as well as alleviate the pressure for the machine located in Building 4, which is used by many other DIR investigators.

Provide the following information:

· Requirement type.

Research & development (R&D) R & D support services Support services (non-R&D) X Supplies/equipment Information technology (IT)

· Type of action.

X New requirement Follow-on Other (specify): ______________________

· Proposed contract/order type.

x Firm-fixed-price

· Acquisition identification number.

AMBIS 1977417

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

$590,928.36

3. 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.) (3304(a)(1) as set forth in Federal Acquisition Regulation (FAR) 13.106-1(b) and FAR 13.501(a). Sole Source acquisition under FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items

4. 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 & Company, 2350 Qume Drive, San Jose CA 95131-1807

b. Nature of the acquisition and proposed unique qualifications of the item

The FACSymphony High Throughput Sampler flow cytometer is a patented cell analyzer that leverages the inherent benefits of flow cytometry and enables the simultaneous measurement of up to 50 different characteristics of a single cell. This high parameter flow cytometer is a powerful analytical tool that will enable lab scientists to identify and analyze distinctive phenotypes in heterogeneous populations.

A second system is needed due to the high demand and will serve as a backup in case of unexpected failures on the current system. This new system must be compatible to the existing FACSymphony system located in Building 4, specifically the software that supports this BD Bioscience line of cytometer systems. Using a different platform going forward could make prior analysis and research to be inconsistent in comparison to any new results. It is imperative that the new unit be in sync with the current lab set up.

The new unit will be located in building 33 to serve the other 2 labs located there. Installation of a BD FACSymphony will both provide the service for the Building 33 occupants as well as alleviate the pressure for the machine located in Building 4, which is used by many DIR investigators.

5. 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. A (brand name or equal solicitation or a notice of intent to sole source) will be posted in the Federal Business Opportunities website for 10 days. All responses received will be considered.

As required by FAR Subpart 5.2, a Notice of Intent (NOI) to award a sole source contract will be publicized on FedBizOpps (www.fbo.gov) for the required 10 days, announcing the Government’s intent to acquire the FACSymphony System from BD Bioscience on a non-competitive basis. However, if any vendor feels they can provide this unit in which the government is unaware, they will have the opportunity to submit a quote and capabilities statement.

6. 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. An independent government estimate has been conducted of industry prices for similar equipment; and comparison of proposed prices were found to be reasonable. Based on the aforementioned, there is no reason to believe that the proposed price will not be fair and reasonable to the government. A final determination by the Contracting Officer will be conducted prior to award of this contract.

7. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

Market research was conducted in accordance with FAR Part 10. I. The Purchasing Agent reviewed in accordance with FAR Subpart 8.002(a)(1) Priorities for Use of Government Supply Sources and determined that none of the mandatory Government sources could satisfy this requirement. The Purchasing Agent also reviewed previous purchases for similar requirements as well as similar or same purchases listed on GovSpend.com. A search was conducted on the Dynamic Small Business Search, using several keywords, and revealed no profiles. Market research was also conducted on GSA Advantage and revealed no results for the search criteria. BD Biosciences is the sole manufacturer and distributor of this FACSymphony High Throughput Sampler flow cytometer system in the United States and the system is only available through the Open Market.

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

The BD FACSymphony High Throughput Sampler, which is a high-speed cell analyzer that enables identification and analysis of rare cell types, will be used to guarantee the optimal function and reliable data of the flow analysis and sorting for DIR Investigators.

The Research Technologies Branch (RTB) currently has some high throughput flow cytometry systems from BD Bioscience, which can be configured with the new system to allow selection from multiple laser wavelengths and power ratings. The purchase of the new BD FACSymphony High Throughput Sampler will be compatible with these older units while providing new advanced technologies in analysis. Current reagent kits and supplies purchased for the older systems will be compatible with the new system.

The field of flow cytometry analysis, for which answering biological questions by analysis of multi-parameters at the individual cell level, is continually advancing with newer technologies. This high parameter flow cytometer is a powerful analytical tool that enables scientists to identify and analyze distinctive phenotypes in heterogeneous populations. If the NIH scientific community is to continue to produce work at the forefront of infectious disease discovery, we need to be able to provide up-to-date, cutting edge technologies and tools that will facilitate this research.

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

Any responses received from the Notice of Intent posting will be considered.

***no responses were received other than from BD Bioscience

10. 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.