A02-JA PT Contract - Under SAP - Fully Executed.pdf

Control No: JA-20-04-0297 Program/Equipment: Proficiency Testing Samples

Version –March 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. as implemented by FAR Subpart 13.5.

Amount: $100,355.00

Prepared by: Jennifer Webb Contracting Officer’s Representative Email: Jennifer.L.Webb62.civ@mail.mil

DSN:

Date: 22 April 2020

Contracting Officer: Jennifer Jackson Contracting Officer Email: jennifer.c.jackson18.civ@mail.mil

DSN:

Date:

Technical: Jennifer Webb Contracting Officer’s Representative Email: Jennifer.L.Webb62.civ@mail.mil

DSN:

Date: 22 April 2020

Requirements: Jennifer Webb Contracting Officer’s Representative Email: Jennifer.L.Webb62.civ@mail.mil

DSN:

Date: 22 April 2020

Reviews: I have reviewed this justification and find it adequate to support sole source.

Program Manager Jennifer Webb

22 April 2020

Signature: Date

Version – March 2017 FOR OFFICIAL USE ONLY

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Sole Source Justification and Approval

1. Contracting Activity: The Contracting Activity for this requirement is the U.S. Army Medical Research Acquisition Activity (USAMRAA). The Requiring Activity is the U.S. Army Public Health Center (APHC).

2. Description of Action: The APHC requests a firm-fixed-price contract with ERA. The Government projects award for June 2020, APHC 2019 funds will be used. An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d) (i) (B).

3. Description of Supplies/Services: This is a non-personal services contract for the Laboratory Sciences Directorate at the APHC. The services are for Environmental Proficiency Testing (PT) samples for the APHC LAB. A PT sample is a "blind" sample (the composition of which is unknown to the LAB) and is used to test whether the LAB can produce accurate analytical results. The LAB is required by their accreditation bodies to analyze PT samples.

4. The following is the period of performance and estimated value.

Base Period: 6/15/20_ to _6/14/21 Value: $23,775.00 Option Period 1: 6/15/21 to 6/14/22 Value: $24,470.00 Option Period 2: 6/15/22 to 6/14/23 Value: $25,710.00 Option Period 3: 6/15/23 to 6/14/24 Value: $26,400.00 FAR Clause 52.217-8 option: 6/15/24 to 12/14/24 Value: $39,801.30

Total: $116,381.30

5. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5:

Unusual and compelling urgency Exclusive licensing agreements Industrial mobilization Other: Only one source is reasonably available per FAR 13.501(a)(1)(i)

(a) Reason for Authority Cited: The ERA is the only vendor available that is an ISO 17043 accredited proficiency testing provider, which is required by the National Environmental Laboratory Accreditation Committee’s (NELAC) TNI Volume 1 Module 2 standard, and that meets the NELAC’s TNI Volume 3 General Requirements for Environmental Testing Providers.

No other company has the expertise and accreditation to provide APHC with the testing required to continue the research.

(b) Alternatives: There are no alternatives. The ERA is the only source who can perform the services.

(c) Address the following as applicable:

1) What are the verified minimum requirements of the Government? How much further will the current items/services carry you? How much additional items/period of performance will you require? Not Applicable

2) If competition would have been feasible had more time been available, discuss other factors that had an impact on the decision to solicit only one source to satisfy the requirement (e.g.

time available versus time required, phase-in/phase-out time, complexity of requirement, etc.). Not Applicable

3) Whenever the required action was "directed or mandated" by some higher level, be sure to include full information saying who imposed the requirement, how the mandate was communicated and the rationale for the mandate. Attach the applicable documentation (letter, message, etc.). Not Applicable

4) Identify the constraints such as schedule requirements, unique features and mandatory requirements, or the existence of patent, proprietary data, copyright or other such limitations which restrict competition. Not Applicable

5) If the requirement is for an interim contract (or contract extension) with the incumbent, discuss why it would be neither cost effective nor realistic to expect another Contractor to perform during the brief interim period. The following items may be relevant: start-up costs; manning problems including recruitment and associated relocation fees; continuity of service, transfer and accountability of a large amount of Government Furnished Property; variety and complexity of requirements; preparation of management plans; etc. Not Applicable

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered. A Sources Sought was posted to Federal Business Opportunities (FBO) on 8 April 2020 for ten (10) calendar days in order to determine whether there were any viable candidates with the knowledge, experience and/or capability of providing Environmental Proficiency Testing, however, no responses were received.

7. Actions to Increase Competition: Competition of the requirement is not possible since the proposed contractor ERA is the only company has the appropriate ISO 17043 accredited proficiencies. No steps can be taken to increase competition as a result there is only once source with ISO 17043 accreditation.. No other company has the expertise and accreditation.

8. Market Research: Market research was conducted, on 13 December 2020, using historical data and internet research. At this time, only one known source has been identified that can meet the Government’s needs to provide support for this effort. A request for Information was posted to FEDBizOPS (FBO) on 8 April 2020, no responses were received.

A notice of Intent to Sole Source was posted to FBO on 22 April 2020 and no responses were received. Based on the market research, ERA is the only source that can provide the required services.

9. Interested Sources: See paragraph 6 for the synopsis information to date, no other sources have written to express interest in the acquisition.

10. Other Facts:

(a) Procurement History:

1) Contract numbers and dates of the last several contracts for these same requirements.

W91ZLK-14-P-0165 (Base Year: 3April 2014- 02 April 2015) W91ZLK-14-P-0165 (OY1: 3April 2015- 02 April 2016) W91ZLK-14-P-0165 (OY2: 3April 2016- 02 April 2017) W81XWH-17-P-0167 (Base Year: 15 June 2017 – 14 June 2018) W81XWH-17-P-0167 (OY1: 15 June 2018 – 14 June 2019) W81XWH-17-P-0167 (OY2: 15 June 2019 – 14 June 2020)

2) The competitive status of these actions. Not applicable

3) Authority previously cited if less than full and open competition was used. Not applicable.

4) 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. Not applicable

5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources. Not applicable

6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys. Not applicable

7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes. Not applicable

11. Technical 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.

Typed Name: Jennifer Webb

Title: Contracting Officer’s Representative Signature:

12. 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.

Typed Name: Jennifer Webb

Title: Contracting Officer’s Representative Signature:

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following: price analysis cost analysis IGE audit: other:

As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

Typed Name: Jennifer C. Jackson Date:

Title: Contracting Officer Signature:

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Jennifer C. Jackson Date:

Title: Contracting Officer Signature: