Redacted Brand Name Only SSJ Under SAT_FlowJo Software License Renewal_Redacted.pdf

Control Number: FY25-0427

Memorandum for Record - Limiting Competition at or below the Simplified Acquisition Threshold

1. Identification of the Agency and Contracting Activity:

Defense Health Agency (DHA), U.S. Army Medical Research Institute of Infectious Diseases (USAMRIID) / Defense Health Agency Contracting Activity (DHACA) Research & Development (R&D) Contracts Division 1, Contracts Branch 3

2. Description of Action: FlowJo Software License Renewal

New Requirement Purchase Order Blanket Purchase Agreement (BPA) Order against BPA # Click or tap here to enter text.

Order against Multiple Award Indefinite Delivery, Indefinite Quantity (IDIQ) Contract # Click or tap here to enter text.

Order against Single Award IDIQ Contract # Click or tap here to enter text.

Order against Federal Supply Schedule Contract # Click or tap here to enter text.

Follow-on Requirement to Contract/Order # W81XWH-21-P-0029 Modification against existing Contract/Order and Modification # Click or tap here to enter text.

Contract Type Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid Click or tap here to enter text.

OR

FAR 8.405-6(a)(1)(A) Urgent and compelling need exists, and following the procedures would result in unacceptable delays.

FAR 8.405-6(a)(1)(B) 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.

FAR 8.405-6(a)(1)(C) 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.

FAR 8.405-6(b)(1) Items peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer.

OR

FAR 16.505(a)(4) Items Peculiar to One Manufacturer FAR 16.505(b)(2)(i)(A) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

FAR 16.505(b)(2)(i)(B) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

FAR 16.505(b)(2)(i)(C) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

FAR 16.505(b)(2)(i)(D) It is necessary to place an order to satisfy a minimum guarantee.

5. Reason for Authority Cited:

This FlowJo software license requirement is a follow-on contract that will allow USAMRIID the continued ability to conduct research for flow cytometry data analysis. Currently FlowJo software is utilized on individual desktop systems throughout USAMRIID under Contract W81XWH-21-P-0029. Due to the need for continued research, the on-going use of the existing software providing cytometry data analysis is required. When conducting research, it is critical that the study environment is consistent, which includes the same software conducting the on-going analysis. This consistency is paramount toward ensuring the scientific data generated is reliable. Switching to utilize another type of software in the middle of on-going research could result in inconsistent results and could negatively impact the integrity of the entire study. In addition, USAMRIID currently has a decade of past research that includes flow cytometry analysis and advanced data analysis performed with FlowJo. Although there are similar software licenses, switching to different analysis software could jeopardize the availability and integrity of the research data.

6. Market Research:

Market Research conducted in accordance with FAR Part 10 was undertaken to ascertain 1) if the requirement meets the FAR definition of Commercial Service; 2) if two or more small businesses exist that can meet the government�s requirements; and 3) if there is more than one source capable of meeting the government�s requirements.

Market Research examined if the required products met the FAR definition of a commercial service, which means installation services, maintenance services, repair services, training services, and other services if (i) Such services are procured for support of a commercial product as defined in this section, regardless of whether such services are provided by the same source or at the same time as the commercial product; and (ii) The source of such services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government. Market Research determined that the required services do meet this definition and are commercially available; thus, standard commercial terms and conditions will apply.

Market Research conducted in accordance with FAR Part 10 identified a minimum of two or more capable small businesses that could potentially satisfy this requirement. Therefore, this requirement is appropriate for a small business set aside.

Market Research was conducted between September 2025 and November 2025.

An RFI was posted to www.sam.gov on 30 September 2025 with a closing date of 09 October 2025. Capability statements from Quadyster and SoftThink Solutions, Inc. were received in response to the RFI. Upon review of the capability statements, it was determined that both vendors are capable of providing software and hardware licensing services. Although neither capability statement confirmed the vendor�s ability to provide/support the FlowJo Software as required by the Governments minimum essential characteristics, a request was sent to the software manufacturer, FlowJo LLC, to confirm whether the manufacturer will work with third party vendors to set them up as authorized resellers of FlowJo LLC software licenses. On 14 November 2025, FlowJo LLC confirmed that they are able to sell their software licenses through resellers and have a process to set-up new resellers as purchasing agents in the manufacturer�s database.

Due to the need for continued research, the on-going use of the existing software providing cytometry data analysis is required. When conducting research, it is critical that the study environment is consistent, which includes the same software conducting the on-going analysis.

This consistency is paramount toward ensuring the scientific data generated is reliable.

Switching to utilize another type of software in the middle of on-going research could result in inconsistent results and could negatively impact the integrity of the entire study. In addition, USAMRIID currently has a decade of past research that includes flow cytometry analysis and advanced data analysis performed with FlowJo. Although there are similar software licenses, switching to different analysis software could jeopardize the availability and integrity of the research data.

Given the information above, FlowJo LLC is the only manufacturer that can provide the FlowJo software licenses meeting the government�s minimum requirement. Additionally, per manufacturer, there are resellers of the FlowJo software that could potentially meet the government�s minimum requirements. Thus, market research supports competing this requirement as Brand Name Only.

7. Other Facts:

a. Procurement History:

(1) Is this a new requirement? No, prior contract W81XWH-21-P-0029

(2) If 6.a.(1) is No, was the action just prior to this one competed? Yes, Brand Name Only

(3) If 6.a.(2) is Yes, what has changed where this action cannot be competed? N/A -- The prior action was also competed as Brand Name Only

Additional Information: None