SSJ_19-RHCO-P_562.pdf

Control Number: 19-RHCO-P 562

For Official Use Only (See FAR 2.101 and 3.104-4)

(25 February 2016)

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: RHCO –P, Joint Base Lewis-McChord Health Contracting Cell (JBLM- HCC), 673 Woodland Square Loop, Suite 101, Lacey WA 98503-1066

2. Description of Action: This is a new requirement that will result in a firm fixed price contract for the purchase of a cell sorting system that has been configured and is optimized to meet the Departement of Clinical Investigation (DCI) laboratory requirements; the Becton Dickenson (BD) FACSMelody cell sorting system manufactured by BD. The procurement will be made using FY19 Defense Health Program (DHP) funds.

3. Description of Supplies/Services: This is a one time purchase of a complete BD FACSMelody cell sorting system configured to meet the requirements. Total dollar value is $308,327.87. There are no additional costs or services required for purchase.

4. Authority Cited: This sole source requirement is for the BD FACSMelody as described under authority of the simplified procedures for commercial items at 41 U.S.C. 1901, as implemented FAR 13.501-(a) Sole Source Acquisitions.

5. Reason for Authority Cited: The BD FACSMelody is the only small footprint (desktop) system with 3 lasers, 11 channels, high-sensitivity (MESF<100), that can sort two populations simultaneously. This configuration is essential for detecting rare events or particles and conducting high- throughput analysis and sorting of cellular responses to disease. Specifially, these configurations are necessary for the following reasons:

a. The small footprint is necessary to our labs physical limitations. In addition larger systems are more costly and generally require more maintenance. We do not have the space or staff to house and maintane larger systems.

b. We necessitate 3 lasers and 11 channels to conduct a thorough analysis of every sample. Anything less would require several analytical runs to acquire the sufficinet data from each sample, which is more costly and not possible with limited samples.

c. The MESF<100 sensitivity is essential for detecting pathoges, rare events or weak signals. This is necessary for studies related to infectous diseases and biomarker development.

d. The ability to sort a minimum of two populations simultaneously is essential for purifying two cell types from every sample: an experimental and a control/reference. This is simply not possible from limited samples with systems that cannot sort two or more cell types simultaneously.

Finally the BD FACSMelody is also the only system that is well validated and utilizes a reliable and reusable flow cell versus the other systems that utilize single use, disposable chip based flow cells that are relatively new, unproven and not as widely utilized. Chip based flow cells must also be purchased for every experiment and have a finite shelf life that may lead to excessive cost and waste.

W81K02-19-Q-0190 BD FACSMelody

(See FAR 2.101 and 3.104-4)

6. Efforts to Obtain Competition: A Sources Sought seeking information on the availability of other Flow Cytometry and Cell Sorting System with the described salient characteristics was posted to FedBizops from 20 June to 2 July 2019. One response was received - BD provided brochure and stated they could meet all the specifications.

a. Effective competition. No competition is anticipated as no other cell sorting system could be found that met all requirements.

b. Subcontracting competition. No subcontracting opportunities exist as this is a one time purchase.

7. Actions to Increase Competition: No additional requirements for a desktop cell sorting system is anticipated.

8. Market Research: Market Research for a cell sorter was conducted in accordance with FAR Part 10 from 1 March 2018 and continued up to 2 July 2019. The required characteristics and NAICS Code 334516 were used to contact potential offerors, conduct extensive on-line research, post a Sources Sought on FBO and search GSA. As a result of Maket Research only one vendor was found, source (1), that could meet all the requirements.

9. Interested Sources: In accordance with FAR 5.201 a Sources Sought notifying potential offerors was posted on FBO from 20 June to 2 July 2019. Only one vendor responded - BD provided brochure and stated they could meet all the specifications. To date, no other sources have written to express an interest.

10. Other Facts: Discuss any other facts supporting the use of other than full and open competition, such as the following:

a. Procurement history. N/A

b. Other facts. N/A

11. Technical Certification:

I certify that the supporting data under my cognizance, which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signature: ________________________________Date: _August 1, 2019

Typed Name: _ Nicholas Ieronimakis, PhD __Title:_ Research Health Scientist ____

12. Requirements Certification:

I certify that the supporting data under my cognizance, which are included in the justification are accurate and complete to the best of my knowledge and belief.

W81K02-19-Q-0190 BD FACSMelody

(See FAR 2.101 and 3.104-4)

Signature: ________________________________Date: _August 1, 2019

Typed Name: _ Nicholas Ieronimakis, PhD __Title:_ Research Health Scientist ____

13. Fair and Reasonable Cost Determination:

The IGCE submitted by the customer was used to determine fair and reasonable. IAW FAR 15.404-1(b) the customer used published prices of similar equipment to develop IGCE.

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

This is a commercial item and certified cost or pricing data is not required per FAR 15.403- 1(b)(3).

Signature: ________________________________Date: __________

Typed Name: ____________________________Title:__________________________

14. Contracting Officer Certification:

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

Signature: ________________________________Date: __________

Typed Name: ____________________________Title:__________________________

Approval

Based on the foregoing justification, I hereby approve the procurement of the BD FACSMelody at $308,327.87 on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901 as implemented by FAR 13.501, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature: ________________________________Date: __________

Typed Name: ____________________________Title:__________________________