A04_Signed_J&A_FedbizOpps_REDACTED.pdf

Control No: JA-19-04-0106

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

1. Contracting Activity: The Contracting activity 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), Molecular and Translational Science Division, 1425 Porter Street, Fort Detrick, MD 21702-5711.

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: FY19/20

Estimated Total Dollar Value including Options:

"For Official Use Only”

4. Contractor Name:

Name of Contractor: Genedata (USA), Inc.

Address: One Cranberry, MA 02421 City, State and Zip Code: Lexington, MA 02421 Telephone: 781-357-4755

DUNS: 192969306

CAGE Code: 38ME5

5. Description of Supplies/Services: This requirement is for the acquisition of Genedata Screener Licensed Software, Maintenance, and Support, to include the following software components: 1) Screener Core (Analyzer + Database Explorer) in Ultra-low Throughput Edition without structure display functionalities for Four Named Users; 2) High Content Extension to Analyzer users; 3) Cell Population Extension to Analyzer for users; and 4) Compound Synergy Extension to Analyzer for users.

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: Genedata (USA) Inc. is the only source to obtain the required analysis of the Perkin Elmer (PE) Opera High-Content Screening System.

Software consistency is necessary for analysis of screening assay platforms for Defense Threat Reduction Agency (DTRA) programs and Cooperative Research and Development Agreement (CRADA) partners. Continued usage of this software is necessary for the existing Opera and Operetta imaging systems to provide comparable, accurate and precise assay results. It is not possible to deviate from continued use of this software without violating research protocols. Genedata Inc. is the manufacturer and sole distributor of their software. There are no licensed authorized resellers. There is only one source reasonably available and capable of providing the software maintenance.

8. Efforts to obtain Competition: No effort will be made to solicit offers from any other sources. There is only one manufacturer able to provide the required software license.

USAMRIID cannot change to another brand of software without violating current research protocols. No effective competition is anticipated.

a. Effective competition. The proprietary nature of this software cannot be replicated by other vendors. Therefore, the unique data analysis capabilities can only be sold to the Government on a sole source basis.

b. Subcontracting competition. Not Applicable

9. Actions to remove or overcome barriers Competition: USAMRIID and USAMMRA will periodically conduct future market research and/or analysis to determine if other information technology suppliers may be able to fulfill such follow on actions. In order to maintain the merit and validity of USAMRIID's regulated studies, there is only one manufacturer that can supply this software. Due to future changes in the customer’s technological requirement, more competition may occur to allow for other suppliers in the market to compete against orders for similar requirements, and such future sources will be considered for award.

10. Market Survey: USAMRIID conducted market research for sources in March 2019. Only one software supplier, Genedata (USA), Inc., could provide the software necessary for analysis of the PE Opera High Content Imager which is required to maintain future research integrity without violating current approved protocols. Since future research requires the elimination of variables when executing research protocols, the Government cannot obtain comparable software from another vendor. Only Genedata (USA), Inc. can provide the required licensed software. The USMARAA Contract Specialist conducted Market Research in April 2019 via the internet and did not find another manufacturer. To include an email to the contractor and verified if there is a change in the selling of the software license as being a re-seller. Upon receipt of the email from the contractor, it has been verified there are no current re-sellers of Genedata Screener License software and can only be obtained direct from Genedata (USA), Inc., which operates as both the manufacturer and distributor of their product.

11. Interested Sources: The synopsis required will be posted as this requirement stipulated in FAR 5.101(a)(1). Public notice will be posted on FedBizOps in accordance with FAR 5.101.

12. Procurement History and any other facts: Previous Contract or Purchase Order Numbers: W81XWH-15-P-0402 was awarded to Genedata (USA), Inc., in the amount of $3,000.00 on 23 September 2015; W81XWH-18-P-0088 in the amount of $77,000.00 on 18 June 2018 as a sole source.

Previously competed? No.

Previous authority for less than Full & Open Competition: FAR 13.106-1(b)(i)

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.

4/29/2019

Submitted by Signature:

Printed name: l Agency/Position/Title E-Mail Address: USAMRIID/Branch Chief/ Date: 4/26/2019

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.

Contracting Officer Signature:

Agency/Position/Title: Contracting Officer E-Mail Address:

Date: