A.02 Sole Source Justification Final_Redacted.pdf

Control No: 20-RHCO-C-185

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: Regional Health Contract Office-Central, Fort Carson Health Contracting Cell, 1681 Specker Ave, Building 1011, Fort Carson CO.

2. Description of Action: Procure reagent consumables, lease of one (1) Microbial Identification and Susceptibility analyzer, and lease of one (1) Mass Spectrometer analyzer to perform microbial identification and susceptibility testing services for William Beaumont Army Medical Center, Fort Bliss, TX.

Nature: New Requirement Follow-on Requirement

Purchase Request:

Contract Vehicle: Purchase Order Number TBD

Pricing/Contract Type: Firm Fixed Price

Funds: DHP Operations & Maintenance, Army (OMA)

FY: 2020

Name of Proposed Contractor(s) and Address: bioMerieux, Inc.

100 Rodolphe St.

Durham, NC 27712

Brand Name Buy: X Yes No

3. Description of Services or Supplies: The Department of Pathology at WBAMC requires lease of one (1) Microbial Identification and Susceptibility analyzer, lease of one (1) Mass Spectrometer analyzer, and reagents/consumables to perform testing for Gram positive Organism, Gram negative Organism, Anaerobic Organism, Yeast Organisms and Niesseria-Haemophilus Organisms. The analyzers must also support susceptibility for Streptococcus, Gram Positive, and Gram Negative Organisms in accordance with Clinical & Laboratory Standards Institute (CLSI). This requirement is for a base plus two (2) twelve month option periods

4. Authority:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

5. Reasons for Authority Cited:

Per the memorandums (on file in PCF), BioMerieux Inc. is the sole source provider of the VITEK MS and VITEK 2 equipment. Additionally, the VITEK MS system includes the analyzer, MYLA microbiology middleware, and reagent consumables for microbial identification and susceptibility testing.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 apply and will be followed.

7. Market Research: A search of AbilityOne and the Federal Prison Industries websites found that neither source could support this requirement. The GSA e-Library search under the Multiple Award Schedule, category 334516, Analytical Instruments resulted in 61 vendors. A further search under 621 II, Medical Laboratory Testing and Analysis Services, category 621-209, Microbiology, resulted in 8 vendors. A search through the Small Business Administration’s (SBA) Dynamic Small Business Search (DSBS) using NAICS 621511 and using keywords “microbial” and “susceptibility” showed two vendors.

In addition, a sources sought was posted on sam.beta.gov from 11 to 19 March 2020.

The notice generated zero (0) responses. The contract specialist contacted the previous vendor who provided a memorandum stating they were the sole manufacture and provider of the VITEK MS and VITEK 2 system.

8. Other Facts: These services were previously procured under Contract . The bridge contract was awarded as a sole source on 9 September 2019 with a period of performance of 1 Oct 2019 to 31 Mar 2020. The justification and approval (19- RHCO-C-608) was completed using FAR 13.106-1(b)(1)(ii) as the authority. A notice of intent to sole source was posted on 26 – 30 Aug 2019. There were no responses from the notice.

9. Technical/Requirements Certification: I certify 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.

10. Contracting Officer Certification/Approval: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon the Independent Government Estimate, Market Research and Historical Contract Pricing.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government.