A04.35-SOLE_SOURCE_JUSTIFICATION.pdf

ERDC Control No. 17-0082

SOLE SOURCE JUSTIFICATION

(Simplified Acquisition Procedures under FAR Part 13 Not Exceeding $150K)

1. Agency/Contracting Activity: Engineer Research and Development Center – Construction and Engineering Research Laboratory (EDRC – CERL)

2. Description of Action:

Nature: New Requirement Follow-On Requirement Mod to Existing Purchase Order/Contract Number

Pricing: Firm-Fixed Price Time and Materials

Funds: OMA Other Funds: No funding is being obligated with his capacity level contract award. Orders will most likely utilize RDT&E funds associated with the individual projects that require these chips.

3. Description of Supplies/Services:

a. A requirements contract is being established for the procurement of On-Chip Microfluidic Chips for use with the On-Chip Sort Microfluidic Flow Cytometer

b. The total ordering capacity required is $125,000 over a 5-year period. The chips are sold in boxes of 10 at $80 per box.

4. Authority: FAR 13.106-1(b) (1): For purchases not exceeding the simplified acquisition threshold (SAT), contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g. urgency, exclusive licensing agreements, brand name, or industrial mobilization.)

5. Reason for Authority Cited: The On-chip Sort Microfluidic Flow Cytometer, manufactured by On-chip Biotechnologies, is a unique instrument in that it uses a microfluidic platform where pumps and valves provide air pressure but never contact the sample or sheath fluid. All fluids (sample, sheath, and waste) remain within chips during sorting and analysis, which prevents contamination of the instrument and samples. Only the chips manufactured by the equipment manufacturer can be used in this instrument.

A Cytometer, including a starter batch of chips, was purchased by ERDC-CERL in March 2016 (W9132T-16-P-0031) under a procurement that was advertised on the FedBizOpps website as a brand name (On-Chip brand) requirement. On-Chip has two authorized distributors, Goda & Associates and Amuza. Under that procurement only Goda & Associates provided a quote due to the regional divisions of these companies (east coast vs west coast). Based on the past procurement history Goda & Associates is the only available source for the continued purchase of On-Chip brand Microfluidic Chips by ERDC-CERL.

6. Actions to Increase Competition: Notice of intent to sole source posted to FedBizOpps open from Jan 24, 2017 – Feb 1, 2017 with no responses received.

7. Market Research:

Market Research was conducted by CERL researchers via the internet, expert opinion, and contact with industry experts. Research revealed that only one company manufactures the microfluidic chips that can be used in the On-chip Sort Microfluidic Flow Cytometer, and there is only one distributor (Goda & Associates) that distributes the chips to organizations in the eastern half of the country. This research was conducted in December 2016.

8. Procurement History:

Previous Purchase Orders(s) or Contract(s): Yes No

Purchase order or contract number: W9132T-16-P-0031. As explained in Section 5 above, this purchase was for the lab equipment that uses these chips, and included a starter batch of the chips. This is the first procurement made by this agency for just the chips.

Was action competed? Yes No (Brand Name requirement) If action was not competed, state the cited authority, summarize rationale:

9. Additional information to support the justification

10. Technical/Requirements Certification: I certify that the supporting data under my cognizance which is included in the abbreviated J&A is accurate and complete to the best of my knowledge and belief.

Submitted By:

Position Title:

Email Address:

Signature:

Date:

11. Fair and Reasonable Price Determination: As Contracting Officer, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

Basis for the determination: price analysis techniques.

12. Contracting Officer’s Approval:

I hereby certify that this Justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition

Signature:______________ Typed Name:

Title:

Date: