Description
Justification and Approval For Other Than Full And Open Competition 1. Contracting Activity: The Contracting Activity responsible for this action is the U. S. Army Medical Research Acquisition Activity, 820 Chandler Street, Fort Detrick, MD 21702-5014. The requiring activity is the Walter Reed Army Institute of Research (WRAIR). 2. Description of Action: This approval is being requested for a new firm-fixed-price contract using R&D funds. 3. Description of Supplies/Services: The required supplies are used for pyrosequencing on the Roche 454 FLX Genome Sequencer. The estimated value of this contract is $131,000. 4. Authority Cited: The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(1). The FAR citation is 6.302-1 and the FAR citation title is only one responsible source and no other supplies or services will satisfy agency requirements. 5. Reason for Authority Cited: The proposed contractor for this action is Roche. Roche is uniquely qualified to supply the reagents necessary for pyrosequencing on the Roche 454 FLX sequencer. No other supplier is capable of providing these reagents. The sequencer and the accompanying reagents are proprietary to Roche and use of any reagents not manufactured by Roche results in a loss of warranty. 6. Efforts to Obtain Competition: Not Applicable. No effort will be made to solicit offers from as many potential sources as is practicable as there is only one source capable of performing the required services. No effective competition is anticipated. 7. Actions to Increase Competition: It is not anticipated that there will be another source for these reagents. Roche has given the government a substantial discount. 8. Market Research: Before purchasing the Roche 454 FLX Genome Sequencer, we investigated all three technologies available on the market, including the Applied Biosystems Solid and the Illumina Solexa. The Roche most closely fit our needs. I have included a document with the specifications for the three technologies. Each technology uses different chemistry and as such, the reagents must be purchased from the company that developed the technology. 9. Interested Sources: To date, no other sources have written to express an interest. 10. Other facts: a. Procurement history. Reasonable efforts to retrieve the following items from the computer records, contract files, competition advocate office files or other sources are expected: i. Contract numbers and dates of the last several awards. W74MYF7232N003-006 ii. Competitive status of these actions. This action was a sole source purchase. iii. Authority previously used for less than full and open competition. The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(1). The FAR citation is 6.302-1 and the FAR citation title is only one responsible source and no other supplies or services will satisfy agency requirements. iv. If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results. The kits being requested from Roche are for use in our newly acquired Roche 454 FLX Genome Sequencer. They are the only reagents that will produce results on the equipment. We will be using the kits to sequence respiratory pathogens of military interest. The kits are created specifically for use on the Roche 454 FLX genome sequencer. This system is unique in that it can sequence a full genome in the matter of hours rather than weeks. The kits designed specifically for this instrument are necessary to obtain usable results. No other company makes kits to run on this equipment. Without the kits, we would be unable to utilize an instrument that we just purchased for $475,000. We do not have the manpower or expertise to develop our own kits to be run on this highly specialized equipment. Any delay in ordering thses kits would delay any productivity associated with the use of the machine. No kits = no work completed. v. If any prior award was accomplished by full and open competition, a detailed explanation of the changed circumstances. Not applicable. vi. An explanation of any unusual patterns which may be revealed by the history, e.g., several consecutive urgent buys. Not applicable. vii. If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the buy and whether there have been any significant changes. Not applicable. b. Acquisition data availability. Explain why technical data packages, specifications, engineering descriptions, statements of work or purchase descriptions suitable for full and open competition have not been developed or are not available. Describe actions taken or planned to remedy this situation. It is not being competed because there are no other sources for the reagents and any attempt to use reagents other than those provided by Roche negates the warranty of the $475,000.00 equipment. c. Unusual and compelling urgency. Not applicable. d. Subcontracting competition. Not applicable. 11. Technical Certification: I justify 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. Typed Name: Date: DR. AMY KITCHEN 17 July 2008 Title: Signature: Program Coordinator, Emerging Infectious Disease Research Unit 12. Requirements Certification: I certify that the following data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief. Typed Name: Date: DR. AMY KITCHEN 17 July 2008 Title: Signature: Program Coordinator, Emerging Infectious Disease Research Unit 13. Fair and Reasonable Cost Determination: I hereby determine the anticipated cost to the Government for this contract action will be fair and reasonable. AARON J. WADE Date Contracting Officer 14. Contracting Officer Certification. This certification shall be made by the Contracting Officer from this justification and approval. I certify that this justification is accurate and complete to the best of my knowledge and belief. AARON J. WADE Date Contracting Officer 15. Legal Sufficiency Review: I have reviewed the foregoing justification and deem it legally sufficient.. Jay Winchester Date Attorney-Advisor, OSJA: