Redacted_Justification.pdf

Control No: JA16335

Sole Source Justification (SSJ) in accordance with FAR subparts 13.106 or 13.5 using Simplified Acquisitions Procedures (SAP)

1. Contracting Activity: The Contracting Activity responsible for this action is the U.S.

Army Medical Research Acquisition Activity (USAMRAA), 820 Chandler Street, Fort Detrick, MD 21702-5014.

2. Requiring Activity: The Requiring Activity for this action is the U.S. Army Medical Research Institute of Infectious Diseases (USAMRIID), Department of Virology, 1425 Porter Street, Fort Detrick, MD 21702-5011.

3. Nature of Action:

Commercial Item Non-Commercial Item New Requirement Follow-on Requirement

Mod to Existing Purchase Order/Contract Number

Pricing: Firm-Fixed Price* Time & Materials** Cost*

* See FAR 12.207(a) ** See FAR 12.207(b).

For Hybrid Contracts, list percentage of each type of pricing:

* Firm Fixed Price: ________ **Time & Materials: ________

* Cost: ________

Funds: RDT&E Operations and Maintenance, Army (OMA) Other Funds:

Fiscal Year of Funds: FY16

Estimated Total Dollar Value including Options: $ 180,743.44

4. Contractor Name:

Beckman Coulter 250 S. Kraemer Blvd.

Brea, CA 92821-6232 Phone: (800)-742-2345

DUNS: 153910070

Cage Code: oHWD8

"For Official Use Only”

5. Description of Supplies/Services: Purchase of CytoFlex Plate Loader and CytoFlex Flow Cytometer.

6. Authority Cited: 41 U.S.C. 1901 OR 41 U.S.C. 1903

(a) FAR 13.106-1(b)(1)(i): Only one source reasonably available (e.g., urgency, exclusive licensing agreement, brand name or industrial mobilization); OR

(b) FAR 13.106-1(b)(1)(ii): Only one source can provide a portion of the purchase that is a particular brand-name item; OR

(c) FAR 13.501(a)(1)(i): Only one source reasonably available (including brand name); OR

(d) FAR 13.501(a)(1)(ii): Only one source can provide a portion of the purchase that is a particular brand-name item.

7. Reason for Authority Cited: The proposed contractor for this action is Beckman Coulter. Beckman Coulter is the sole manufacturer of the CytoFlex Plate Loader and CytoFlex Flow Cytometer and serves as the distributor of its own manufactured products. There are no authorized licensed resellers.

In conducting market research on commercial cytometers on the market, the Department of Virology focused on models that offered expanded flow cytometry capabilities in order to execute funded research programs, particularly the ability to measure immune responses by flow cytometry. The CytoFLEX S product was determined to be superior to other commercial brands available in the marketplace. In onsite demonstrations, it was established that Beckman Coulter’s CytoFLEX S offers the following unique features protected by patent:

it is distinct in that it is the only cytometer system that can detect 13 fluorescent parameters and 2 light scatter parameters simultaneously, which makes this particular model a very high performing instrument for its small size and footprint.

it is unique in that it is capable of analyzing samples in a 96 well plate with an integral 96 well plate holder.

the technology that makes this patented S model exclusive is its ability to detect photon emissions after laser excitation. The CytoFLEX S uses semiconductor technology known as avalanche photodiodes that translate emitted photons into electrical signals. No other cytometers on the market can replicate this feature.

Competitors offer a conventional flow cytometer that uses photomultiplier tubes to perform this function. But the CytoFLEX S utilizes avalanche photodiodes that have higher quantum efficiency than photomultiplier tubes, essentially meaning avalanche photodiodes more efficiently translate input signals (photons) to output

(electrons). Functionally, this enables more sensitive and robust detection of immune responses, which directly correlates with USAMRIID Virology’s fulfillment of conclusive immune data results to achieve research completion milestones.

8. Efforts to obtain Competition: No effort will be made to solicit offers from any other source. Beckman Coulter is the only manufacturer that offers CytoFlex technology in cytometers.

a. Effective competition. The proprietary nature of the equipment being acquired cannot be replicated by other vendors. Beckman Coulter is the only company with CytoFlex technology, to which they hold the exclusive patent.

b. Subcontracting competition. Subcontracting is not practicable given the dollar amount of this acquisition.

9. Actions to remove or overcome barriers Competition: USAMRIID and USAMRAA will periodically conduct future market research and analysis to determine if other suppliers may be able to fulfill any future cytometer. Due to future changes in the customer’s technological requirement, more competition may occur to allow for other suppliers in the market to compete for similar requirements in the future, and such sources will be considered for award at that time.

10. Market Survey: USAMRIID conducted print and internet market research for sources in fiscal year 2015. Market research in 2016 has included examination of competitive cytometer manufacturers such as Illumina and Carl Zeiss. Commercial comparisons confirmed that Beckman Coulter’s CytoFlex technology (patented by Beckman Coulter) provides the capability of detecting fluorescent parameters and light scatter parameters simultaneously, with a quality of image and optics integration not yet attainable by other suppliers.

11. Interested Sources: The synopsis required by FAR 5.201 will be posted on Federal Business Opportunities website as this requirement meets the threshold stipulated in FAR 5.101(a)(1).

12. Procurement History and any other facts:

Previous Contract or Purchase Order Number: Not Applicable.

Previously competed? No.

Previous authority for less than Full & Open Competition: None

13. Technical / Requirements Certification: I certify that the support data under my cognizance which are included in this SSJ are accurate and complete to the best of my knowledge and belief.

14. Contracting Officer Certification and Approval: I certify that this justification is accurate and complete to the best of my knowledge and belief. Based upon the facts described herein, I hereby determine that the anticipated price/ cost to the Government will be fair and reasonable, and a determination of price reasonableness will be documented and placed in the contract file.