FINAL_J A_Redacted.pdf

Control No: JA15187

Justification and Approval for Other Than Full and

Open Competition Justification

1. Contracting Activity: The contracting activity for this action is the US Army Medical Research Acquisition Activity (USAMRAA) in support of the US Army Medical Research Institute of Infectious Diseases (USAMRIID).

2. Description of Action: This approval is being requested to award a new firm-fixed price commercial supply Purchase Order for a one-year service agreement plan for two previously purchased robotic Sample Access Manager (SAM) freezers manufactured by Hamilton Storage Technologies, Inc. USAMRIID has provided one year, FY15 Operation & Maintenance Army funds.

3. Description of Supplies/Services: USAMRIID is requesting to procure a service agreement for two brand-specific SAM freezers. The specific service package will include: on-site, email, and telephone support; software and firmware updates, replacement parts and upgrades; and preventative maintenance for a 12-month period.

Please note that the resultant Purchase Order will include four 12-month option periods for the same service package described above.

4. Authority Cited: The statutory authority permitting other than full and open competition is 10 United States Code 2304(c)(1) as implemented by Federal Acquisition Regulation 6.302-1(a)(2), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: USAMRIID currently uses the SAM freezers manufactured by Hamilton Storage Technologies, Inc. The initial service package was purchased at the same time as the SAM freezers, which ended on 25 January 2015.

Therefore, USAMRIID is currently in need of a new service agreement.

In addition to the reasons cited above, to preserve the integrity of these unique robotic SAM freezers, and to prevent the warranty from being void, only specially trained staff from Hamilton Storage Technologies, Inc., are authorized to provide any and all service.

The footprint of the SAM freezers makes it unique in today’s market. The highly efficient and secure sample management system eliminates freeze thaw by limiting moisture introduction, thus ensuring the integrity and security of samples. The system continuously monitors the environment, safeguarding the samples from ever reaching a critical temperature.

Since the system is environmentally controlled to -80º C, the SAM freezers are ideal for the biologic storage of samples such as DNA/RNA, oligonucleotides, cells, plasma, serum, tissues, proteins, and bacterial clones.

Unique features: retrieves samples in less than 70 seconds using an integrated tube processing module; uses various tube types such as Abgene, Corning, Greiner, Matrix, Micronic, Nunc, and REMP; reads 2-D barcodes on the bottom and 1-D/2-D barcodes on the side of tubes; possesses a UPS backup system in case of electrical or refrigeration failures; has a custom designed freezer door, increasing storage capacity;

disassembles quickly and can be moved with minimal disruption.

6. Efforts to Obtain Competition: Based on email correspondence between the USAMRAA Contract Specialist and the Senior Director After Sales Support (

), Hamilton Storage Technologies, Inc. will not collaborate with any third party service provider for the SAM freezers, except in rare instances when a certified refrigeration specialist is immediately needed. However, as previously stated in Section 5 of this document, there will be no effort to obtain effective or subcontracting competition as unauthorized service providers will void the freezers’ warranties, negatively impacting the freezers’ integrity.

Furthermore, the CS posted a Request for Information on FedBizOpps under solicitation number W81XWH-15-T-0169 on 6 April 2015 to request information from any interested offerors with the capability of fulfilling this requirement, to include verification that the offeror is authorized to service Hamilton Storage Technologies, Inc. equipment. No sources responded to this posting prior to the closing date of 10 April 2015.

7. Actions to Increase Competition: Based on the market research conducted by the Government, only Hamilton Storage Technologies, Inc. can accomplish this requirement. However, future acquisitions of new robotic freezers will be competed to the maximum extent practicable.

8. Market Research: The initial terms of agreement with Hamilton Storage Technologies, Inc. (W81XWH-08-P-0882), outlines the conditions of warranty. Any service provided by a third party will void the contract. In order to ensure that this is still the current policy, the USAMRAA CS contacted the manufacturer, Hamilton Storage Technologies, Inc., in inquire about the availability of these service packages from authorized third parties. As stated under Section 6 above, confirmed that only Hamilton Storage Technologies specialists are authorized to service these SAM freezers, except in rare cases.

9. Interested Sources: To date, no other sources have written to express interest in the acquisition. However, in accordance with FAR 5.201, a notice of intent to sole source will be published on FedBizOpps on or about 16 April 2015, under solicitation number W81XWH-15-T-0169 for a minimum of 15 calendar days. This announcement will state the Government’s intent to accomplish this acquisition without competition. Any responses received will be reviewed for the purpose of determining whether a competitive procurement is in the best interest of the Government.

10. Other Facts:

a. Procurement history.

(1) Contract numbers and dates of the last several contracts for these same requirements: Award W81XWH-08-P-0882 was signed on 25 September 2008 and awarded to Hamilton Storage Technologies, Inc.

(2) Competitive status of these actions: The aforementioned award was accomplished with full and open competition.

(3) Authority previously used for less than full and open competition: Not applicable

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results: Not applicable

(5) If any prior award was accomplished by full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources: The requested service package must be purchased directly from the manufacturer in order to prevent a void to the warranty or potential adverse effects on the freezers.

(6) An explanation of any unusual patterns which may be revealed by the history, e.g., several consecutive, urgent buys: No unusual patters were found.

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the buy and whether there have been any significant changes: No justification was used previously.

b. Other facts. Not Applicable