W91ZLK15R0036_-_J A_for_Sole_Source.pdf

J&A Control 15-31

1. CONTRACTING ACTIVITY: U.S. Army Contracting Command – Aberdeen Proving Ground Tenant Contracting Division (ACC-APG TCD), 6001 Combat Dr.

Aberdeen Proving Ground, MD 21005

2. DESCRIPTION OF ACTION: This is a new procurement to purchase a Quadrupole Resonance Inverse (QCI) Detection Cryoprobe for the United States Research, Development and Evaluation Command’s (RDECOM) Edgewood Chemical Biological Center (ECBC) Forensics Analytical Center (FAC) located at E5100, 5232 Fleming Road, Aberdeen Proving Ground, MD 21014-5424. Approval is being requested to limit competition pursuant to FAR 6.302-1 for a Firm Fixed Price (FFP) purchase order. The funds are citing FY15 OMA. Contractor: Bruker Biospin Corporation, 15 Fortune Dr.

Billerica, MA 01821-3923 (CAGE Code: 54437).

3. DESCRIPTION OF SUPPLIES/SERVICES: The United States RDECOM ECBC-FAC requires a Bruker Biospin Quadrupole Resonance Inverse (QCI) Detection Cryoprobe for a Bruker 500 MHz NMR Spectrometer. This instrument addition has a unique set of features to identify organophosporus compounds, such as pesticides and Chemical Warfare Agents (CWA), in complex matrices to help the ECBC-FAC continue to be world leader in CWA analysis. The QCI is also optimized for structural studies of proteins and metabolites from CWA and Biological Warfare Agent (BWA) exposure. The QCI works by cooling the sample to decrease the background signal and thus allowing the analytic signal that would otherwise be obscured to be observed. The QCI is the only cryoprobe that can be used with the Bruker 500 MHz NMR Spectrometer in ECBC’s laboratory due to software and hardware compatibility.

The estimated cost of this procurement is . The estimated cost for this action was determined by obtaining a quote from Bruker Biospin and comparing this item with similar items in the market. The quote from Bruker Biospin is for the cryoprobe and all licenses to operate the software. Another probe was recently purchased within ECBC for a total of . This probe was not cryogenically cooled as the one required in this procurement, however this was determined to be a fair and reasonable price.

4. AUTHORITY CITED: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

5. REASON FOR AUTHORITY CITED: This contract must be accomplished through other means other than full and open competition due to hardware and software compatibility issues with the probe and the instrument that it will be part of. The only compatible cryoprobes for the Bruker 500 MHz NMR Spectrometer are the cryoprobes manufactured by Bruker Biospin. The Bruker Biospin Quadrupole Resonance Inverse Detection Cryoprobe is only compatible with this instrument. The software and hardware used with the QCI are unique to Bruker and are thus only compatible with the Bruker 500 MHz NMR Spectrometer. Any other type of cryoprobe from a different manufacturer would not be compatible with the Bruker 500 MHz NMR Spectrometer because of software and hardware differences that are protected by patents held by

Bruker Biospin.

If the Bruker Biospin Quadrupole Resonance Inverse Detection Cryoprobe is not obtained for ECBC-FAC, this would cause harm to the Government. The ECBC-FAC is one of two designated laboratories (as mandated via Federal law) for support of the Chemical Weapons Convention in the United States. The ECBC-FAC is charged with maintaining high standards in the detection and characterization of CWA’s and biological toxins in complex matrices. If we do not maintain our ability to detect these agents in complex matrices such as soils and human body fluids the ECBC-FAC may lose designation from the Chemical Weapons Convention (CWC). Financial losses would range in the millions of dollars if this requirement is not met based upon CWC designation loss, and potential customer loss. Based on one customer alone, we would lose .

6. EFFORTS TO OBTAIN COMPETITION: Based on information in paragraph 5, above, competition for this action was not feasible. JEOL, USA is the only other company that makes cryoprobes for NMR instruments according to ECBC-FAC subject matter experts in this technology. According to a response to an email sent to the JEOL, USA, they do not manufacture any cryoprobes that are compatible with the Bruker 500 MHz NMR Spectrometer in the ECBC-FAC laboratory.

FedBizOpps.gov does not have any information on Cryoprobes that have been sold in the last year

7. ACTIONS TO INCREASE COMPETITION: This is a one-time requirement. If any future requirement arises, every effort will be made to compete it. The ECBC-FAC staff with expertise in NMR instrumentation will continue to monitor the landscape of technology via trade shows, advertisements, internet, etc. for new companies that could fulfill NMR instrumentation requirements.

8. MARKET RESEARCH: No other company can satisfy this requirement as the patents for the hardware and software of the Bruker Biospin Quadrupole Resonance Inverse Detection Cryoprobe are solely owned by the Bruker Biospin Corporation. On 20 June 2015 (ECBC-FAC expert on NMR technology) contacted JEOL, USA about cryoprobes for the Bruker 500 MHz NMR Spectrometer. , the national sales manager for JEOL, USA, responded to this request. He stated “We only sell UltraCOOL probes for new JEOL systems. We will not sell the UltraCOOL probes as an accessory item for anything but a completely new JEOL ECZ 800 MHz spectrometer and magnet. Our factory in Japan has 2 channel UltraCOOL probes for the 800 only at this time. Unfortunately, there is nothing I can offer at 500 MHz.”.

UltraCOOL is the model name for JEOL, USA cryoprobes. According to the website, http://www.chem.agilent.com/en-US/Products-Services/Instruments-Systems/Nuclear- Magnetic-Resonance/Pages/default.aspx, Agilent Technologies no longer manufactures NMR technology. Subject matter experts in NMR technology at ECBC-FAC have explored the technology landscape thoroughly via internet searches.

9. INTERESTED SOURCES: To date Bruker Biospin Corporation is the only known source capable of providing the required equipment based on market research. See Market Research.

10. OTHER FACTS: Hardware and software patents owned by Bruker Biospin allow only cryoprobes to be used with the Bruker 500 MHz NMR Spectrometer that is currently part of the laboratory at ECBC-FAC. The Bruker 500 MHz NMR Spectrometer is owned by ECBC.

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."

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."