Leica TP1020 Tissue Processor & Embedding Center

Waiver Rationale Summary

At this time, no domestic end products have been identified that are capable of fulfilling this requirement. The program and contracting offices conducted extensive market research, including vendor outreach, a review of Government databases, and posting a public SSN. However, the only items that clearly satisfy all of NINDS’ required salient characteristics are the Leica TP1020 Tissue Processor & Embedding Center, which are manufactured China. The U.S. does not have a free trade agreement with China and China is not a member of the WTO GPA. As a result, the Buy American Statue applies to this acquisition. However, restricting the solicitation to domestic end products would present an unacceptable level of risk to the program office as the only companies that appear capable of fulfilling the requirement (Leica and its’ resellers) would be prohibited from submitting a quote. This could potentially result in award to a company proposing a technically unacceptable product or no award at all. As this would have a severe impact on NINDS’ mission, a Buy American waiver is requested. This would enable award to a vendor proposing a non-domestic end product in the event that they submit the lowest-price, technically acceptable quote (including the appropriate price evaluation factor, if applicable).