Description
This is a Notice of Intent to award. The Agriculture Research Service (ARS) of the United States Department of Agriculture intends to issue an award to Aperio Technologies, Inc., 1360 Park Ctr. Dr., Vista, CA 92081. This is a sole source procurement pursuant to 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 National Animal Disease Center (NADC), USDA in Ames, IA for a maintenance agreement for the Aperio Scanscope XT. This maintenance agreement is only available through Aperio Technologies, Inc. No telephone inquiries will be accepted. Interested parties shall 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 5 calendar days after publication of this notice. This is not a request for competitive proposals, and it shall be noted that a contract will not be awarded on the basis of information received in response to this notice, but will be used to determine if a comparable source more advantageous to the Government is available. If affirmative written responses are not received, negotiations will be held with Aperio Technologies, Inc. without further notice. This acquisition is being conducted under the Federal Acquisition Streamlining Act of 1994, Simplified Acquisition Procedures. SOLE SOURCE JUSTIFICATION: Upon the basis of the following justification, I, as a Contracting Officer, hereby approve the use of other than full and open competition for the proposed contractual action pursuant to the authority of 41 U.S.C. 253(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(b)(1)). a. USDA, AGRICULTURAL RESEARCH SERVICE, NATIONAL ANIMAL DISEASE CENTER, Ames, IA location. 2. Nature/Description of Action(s) (FAR 6.303-2(b)(2)). a. This contracting action is to obtain a one-year maintenance agreement for an Aperio Scanscope XT. 3. Description of Supplies/Services (FAR 6.303-2(b)(3)). a. The services requested are a one year maintenance agreement for an Aperio Scanscope XT. The agreement includes Gold-Level Support, such as: On-Site Preventive Maintenance Inspection, Spectrum Plus, Area Quantification, Cell Quantification, Genie (QTY 20), XT Replacement Racks, and 2x3 Slide Trays, with service and support for the propriety Barcode License. Services will also include: calibrations, alignments, cleaning, part replacements, installation of software, and relocation services. Estimated value in excess of $25,000.00. 4. Identification of Statutory Authority 320(FAR 6.303-2(b)(4)). a. 41 U.S.C. 253(c)(1), FAR Subpart 6.302-1. The supplies or services required by the agency are available from only one responsible source and no other type of supplies or services will satisfy agency requirements. 5. Demonstration of Contractor's Unique Qualifications (FAR 6.303-2(b)(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 and copyrighted software, available only through this company. Original and compatible parts are available only through this company which holds the rights to the Scanscope XT, software, and associated products. 6. Federal Business Opportunities FedBizOpps.gov (FBO) Announcement/Potential Sources (FAR 6.303-2(b)(6). a. A Federal Business Opportunities Synopsis is published in an attempt to identify other possible vendors of the required services. 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(b)(7). a. It is the Contracting Officer's determination that the anticipated cost to the Government will be fair and reasonable based on a comparison of previous services that have been found to be reasonable. 8. Description of Market Research (FAR 6.303-2(b)(8). a. USDA/ARS is consistently surveying the market, and from this experience knows that the aforementioned services are proprietary and only available from the vendor identified. 9. Any Other Supporting Facts (FAR 6.303-2(b)(9). a. Due to the proprietary nature of the item needed to perform the research, at this time there is only one source available. In addition, the Government will incur additional unnecessary costs if service is not covered under Aperio Technologies, as a software upgrade alone will cost more than $45,000.00. 10. Listing of Interested Sources (FAR 6.303-2(b)(10). a. No other sources are available at this time. 11. Actions Taken to Remove Barriers to Competition (FAR 6.303-2(b)(11). a. Active vendor searches and surveys are completed and extensive market research is conducted in order to identify other potential sources that can meet research requirements. 12. Technical Requirements and Certifications; (FAR 6.303-1(a) and FAR 6.303-2(b) a. I certify that the facts and representations under my cognizance which are included in this justification and which from a basis for this justification are complete and accurate. CONTRACTING OFFICER CERTIFICATION: (FAR 6.303-1(a), 6.303-2(b)(12) I certify that this justification is accurate and complete to the best of my knowledge and belief. Name: Stacie L. Black Title: Contracting Officer