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FBO DAILY ISSUE OF DECEMBER 13, 2009 FBO #2941
SOLICITATION NOTICE

J -- Justification for Other than Full and Open Competition

Notice Date
12/11/2009
 
Notice Type
Justification and Approval (J&A)
 
NAICS
811219 — Other Electronic and Precision Equipment Repair and Maintenance
 
Contracting Office
Department of Health and Human Services, National Institutes of Health, National Cancer Institute, Office of Acquisitions, 6120 Executive Blvd., EPS Suite 600, Rockville, Maryland, 20852
 
ZIP Code
20852
 
Solicitation Number
NCI-100011-AV
 
Archive Date
12/28/2009
 
Point of Contact
Ashley L. Virts,
 
E-Mail Address
virtsa@mail.nih.gov
(virtsa@mail.nih.gov)
 
Small Business Set-Aside
N/A
 
Award Number
HHSN261201000053P
 
Award Date
11/25/2009
 
Description
Justification for Other than Full and Open Competition Part 1 – Background Information and Description of Acquisition 1.Program Office NIH/NCI/CCR/DBS/LP Dr. Stephen Hewitt Advanced Technology Center (ATC) Room 212A Gaithersburg, MD 20877-4117 301-402-0040 2.Product Title/Proposed Contractor Maintenance Agreement for Government-owned Becton Dickinson Pathway 855, s/n 1001-87892-7321 BD Biosciences (Becton Dickinson & Company) 2350 Qume Drive San Jose, CA 95131-1807 3.Purpose/Brief History a.Overall Program Currently, the ATC Building houses the BD Biosciences Pathway 855 Imaging System (s/n 1001-87892-7321) and needs maintenance. The instrument is in use daily by laboratory personnel to perform scientific research towards the mission of the NCI. This instrument is used heavily and is considered an essential part in daily studies. For these reasons, it is imperative that a maintenance agreement be enacted in order to keep the machine running proficiently and for immediate access to all service bulletins that occur as time passes. b.Project With Which the JOFOC is Associated The purpose of this requirement is associated specifically with the need for a maintenance contract for the BD Biosciences Pathway 855 Imaging System. Since BD is the manufacturer of the instrument, the maintenance is necessary from the same vendor to ensure optimal use and guarantee that efficiently trained technicians perform any service that may be needed. 4. Government’s Cost Estimate: $32,963.92 Previous/Future Plans: The service contract may be renewed in the future, but no plans are available at this time. Part II – Facts and Reasons to Justify Other Than Full and Open Competition 1Statute: This justification has been prepared under the authority of 41 U.S.C. 253 (c)(1) as set forth in 13.106-1 (b)(1). (b) Soliciting from a single source. (1)For purchases not exceeding the simplified acquisition threshold, 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, or industrial mobilization). No other requirement and/or type for supply or service will satisfy agency need. 2 Justification: It is critical to the research community currently using the instrument that all service be performed by the same vendor that manufactured and implemented the equipment in the lab. It is imperative that the system is calibrated accurately and maintained according to the manufacturer’s specifications. Any deviation from the specifications could run distort information or disrupt studies currently in process on the instrument. Technicians to be provided from the vendor are factory trained, have access to technical manuals relating specifically to the system including recall notices. In addition, proprietary software and replacement parts are available only through BD Biosciences to supply and service their instruments. Specifically, the Pathway 855 system is equipped with a series of lasers which must be aligned, calibrated and replaced properly to ensure the results are accurate for the studies being performed on the equipment. Finally, BD Biosciences is the only company that stocks or has access to the specific parts needed to maintain the function of the system and offer proprietary software upgrades as well. For these reasons, no other source is known to the NCI capable of providing the service on the BD Biosciences Pathway 855 Imaging System currently in use in the lab. 3The proposed contract action was publicized in the Federal Business Opportunities (FedBizOpps) and procured as a Simplified Acquisition purchase as authorized in FAR 13.106 and 13.5. 4Market Research: Since this service is not available from any other source due to proprietary software and replacement parts, no market research was completed. In addition, this contract action was published in the Federal Business Opportunities and closed on November 19, 2009 with no capability statements received. This shall help to re-affirm the vendor as a sole source for the proposed maintenance contract. 5. N/A 6. In the event NCI requires additional services the proposed requirement will be synopsized in the Federal Business Opportunities, if exceeding the simplified threshold. An award will only be made, if during negotiations
 
Web Link
FBO.gov Permalink
(https://www.fbo.gov/spg/HHS/NIH/RCB/NCI-100011-AV/listing.html)
 
Record
SN02022110-W 20091213/091211235055-a5ec9e7976a76613c352135c17164bdc (fbodaily.com)
 
Source
FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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