1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY: Requesting Agency: USDA, APHIS, PPQ, S&T, CPHST Beltsville Laboratory Contracting Activity: USDA, APHIS, MRPBS, ASD Minneapolis Procurement Branch Butler Square, Fifth Floor 100 North 6th Street Minneapolis, MN 55403 2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED: Due to the circumstances described below, the USDA APHIS PPQ S&T Center for Plant Health Science and Technology (CPHST) Beltsville Laboratory has the need to acquire a diagnostic testing instrument and maintenance for this instrument on a noncompetitive basis for - KingFisher Flex with 96 pin deep well head. Compatible with MagMAX reagent kits. 3. A DESCRIPTION OF THE SUPPLIES, EQUIPMENT, OR SERVICES REQUIRED TO MEET AGENCY NEEDS (INCLUDING THE ESTIMATED VALUE OF THE ACQUISITION INCLUSIVE OF OPTIONS): This procurement includes the purchase and On Site Maintenance for the KingFisher Flex automatic DNA extraction units. The Thermo Scientific KingFisher Flex purification system provides plate-based handling (mix, capture, transfer, release) of magnetic particles for bead-based nucleic acid and protein affinity purification procedures. This easy-to-use instrument provides excellent reproducibility and minimizes the hands-on time required for DNA, RNA, and protein isolation from a wide range of sample types. The system is available with four different user interchangeable magnetic head formats, enabling scientists to process a variety of volumes with compatible purification reagents, such as MagMAX nucleic acid extraction products. The maintenance services to be performed include: Visual Inspection of the instrument and repair or replacement of any component with certified replacement parts; Verification of instrument operation and correction of any malfunctioning operations. The cost for this this Instrument is $ 56,724.90 which includes the maintenance service. 4. IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING NONCOMPETITIVE ACQUISITIONS: Thermo Fischer Scientific is the manufacturer of the instrument and the only company in the market approved to perform the maintenance on their machines; therefore, Thermo Fischer Scientific is the sole source and vendor of these services. 5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR'S UNIQUE QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED: There is only one source from which this requirement may be satisfied, and which meets the factual test for the use of the exception cited above. 6. A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A NOTICE WAS, OR WILL BE, PUBLICIZED AS REQUIRED BY FEDERAL ACQUISITION REGULATION (FAR) SUBPART 5.2, AND IF NOT, WHICH EXCEPTION UNDER FAR 5.202 APPLIES: Only one responsible source and no other supplies or services will satisfy agency requirements. Life Technologies dba, Thermo Fisher Scientific is the sole source and vendor of these services. 7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE, AND THE BASIS FORTHAT DETERMINATION: See item #6 8. A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (FAR PART 10) AND THE RESULTS, OR AN EXPLANATION OF THE REASON MARKET RESEARCH WAS NOT PERFORMED: See item #6 & 7 9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION - FAR 6.303-2(a)(9): N/A 10. A LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE ACQUISITON: N/A. 11. A STATEMENT OF THE ACTIONS, IF ANY. THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES, EQUIPMENT, OR SERVICES REQUIRED: N/A