Description
This is a Notice of Intent. The US Meat Animal Research Center intends to issue an award to Roche Diagnostics, 9115 Hague Road, Indianapolis, IN 46250. This is a sole source procurement under the authority of FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements. This is a requirement of the USMARC at Clay Center, NE for a maintenance agreement for their GS-FLX DNA sequencer. This maintenance agreement is available only through Roche. No telephone inquiries will be accepted. Interested parties should submit written (mail or email) responses including prices and technical data sufficient to determine capability to meet the entire requirement and must be received in this office within 10 calendar days after publication of this notice. It should be noted that no contract will be awarded on the basis of offers received in response to this notice, but will be used to determine if a comparable source more advantageous to the Government is available. If no affirmative written responses are received, negotiations will be held with Roche Diagnostic without further notice. This acquisition is being conducted under the Federal Acquisition Streamlining Act, Simplified Acquisition Procedures. SOLE SOURCE JUSTIFICATION: Upon the basis of the following justification, I, as Contracting Officer, hereby approve the use of other than full and open competition for the proposed contractual action pursuant to the authority of 10 U.S.C.2304(c)(1), FAR Subpart 6.302-1(a)(2)(iii), Only one responsible source and no other supplies or services will satisfy agency requirements. JUSTIFICATION: 1. Agency and Contracting Activity (FAR 6.303-2(a)(1)). USDA, AGRICULTURAL RESEARCH SERVICE, NPS, USMARC, Procurement Section 2. Nature/Description of Action(s) (FAR 6.303-2(a)(2)). a. This contracting action is to obtain a one-year Classis (Silver) maintenance agreement for a 454/Roche GS-FLX DNA Sequencer. 3. Description of Supplies/Services (FAR 6.303-2(a)(3)). The services requested are a one year maintenance agreement for a 454/Roche GS-FLX DNA Sequencer. The agreement includes unlimited on-site emergency service Monday throught Friday, 8:00 a.m. to 5:00 p.m.; on-site response within 48 hours; technical support; a preventive maintenance visit; and necessary warranted parts. 4. Identification of Statutory Authority (FAR 6.303-2(a)(4)). 10 U.S.C. 2304 (c)(1), FAR Subpart 6.302-1. The services required by the agency are available from only one responsible source and no other type of services will satisfy the Agency requirements. 5. Demonstration of Contractor's Unique Qualifications (FAR 6.303-2(a)(5)). a. Only one responsible Source and No Other Supplies or Services will satisfy Agency Requirements (FAR 6.302-1(a)(2)) (1) FAR 6.302-1(a)(2) states, "When the supplies or services required by the agency are available from only one responsible source, or for DOD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for." (2) The named vendor is the producer of proprietary equipment available only through this company. Original and compatible parts are available only through this company which has the rights to the GS-FLX instrument and associated products. 6. Federal Business Opportunities - FedBizOpps.gov (FBO) Announcement/Potential Sources (FAR 6.303-2(a)(6). a. A Federal Business Opportunities (FedBizOpps) synopsis is published in an attempt to identify other possible vendors of the required consumable. b. USDA/ARS does not anticipate other qualified sources; however, should any responses be received, they will be evaluated to determine if they can meet future needs of the Government. 7. Determination of Fair and Reasonable Cost (FAR 6.303-2(a)(7). After a thorough web search, no other suppliers were located that could supply this service due to proprietary rights. 8. Description of Market Research (FAR6.303-2 (a)(8). USDA/ARS is constantly surveying the market and from this experience knows that the service is proprietary and only available from the vendor identified. 9. Any Other Supporting Facts (FAR 6.303-2(a)(9)) Due to the proprietary nature of the item needed to perform the research, at this time there is only one source available. 10. Listing of Interested Sources (FAR 6.303-2(a)(10). No other sources are available at this time. 11. Actions Taken to Remove Barriers to Competition (FAR 6.303(a)(11)). Vendor surveys are done from time to time to see if other existing items can meet the research requirements 12. Technical Requirements and Certifications; (FAR 6.303-1(b) and FAR 6.303-2(b) I certify that the facts and representations under my cognizance which are included in this justification and which form a basis for this justification are complete and accurate.