Justification_and_Approval_18-10005_NSMRL_Disk_Sampling_Redacted.doc

J&A Number: 18-100005

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

The Naval Medical Logistics Command (NMLC), Fort Detrick, MD is the contracting activity. The requiring activity is the Naval Submarine Medical Research Laboratory (NSMRL), Groton, located at Naval Submarine Base New London, Groton, CT 06349.

2. Description of the Action Being Approved.

NSMRL has a requirement for an Indefinite Delivery Indefinite Quantity (IDIQ) contract for the development and delivery of disk sampling stations in which the contractor will analyze the environmental exposure data from the stations. The proposed source is Assay Technology, Inc., located at 1382 Stealth St., Livermore, CA, 94551-9356.

3. Description of Supplies/Services.

The purpose of this contract is to continue researching the health effects of the enclosed submarine atmosphere through execution of the Submarine Atmosphere Health Assessment Program (SAHAP).

SAHAP deploys passive chemical dosimeters (sampling stations) onboard US Navy submarines to determine concentrations of various compounds in the atmosphere; then compares them to established Navy 90-day limits. NSMRL requires contracted laboratory support to manufacture and analyze the custom chemical dosimeters, which are necessary to sample the atmosphere in the dynamic submarine environment, on an as-needed basis.

NSMRL will order up to 1250 custom sampling stations from the contractor per year. The quantity and type of sampling stations in each order may vary. Custom Sampling Stations ordered by the government shall be manufactured and delivered within three (3) weeks of the order date. NSMRL shall return up to 1250 samples to the contractor following the exposure period for analysis. Analysis of custom sampling stations that are returned to the contractor after exposure shall be completed within three (3) weeks of receipt. Upon completion of analysis, the contractor shall report the outcome of the analysis in the form specified in the Performance Work Statement (PWS).

There will be a 12-month base period plus four, 12-month option periods, for a total of 60 months of performance. The estimated average value for each 12-month period is $917,737.22. The total estimated contract value is $4,588,686.08. Funding is expected to be provided at the task order level as Fiscal Year 2018 RDT&E funds.

4. Statutory Authority Permitting Other Than Full and Open Competition.

10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1 – Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

The market research conducted for this requirement was multifaceted and sought to locate as many sources as possible that could meet the Government’s requirements.

Market research concluded that the passive chemical dosimeters being requested are custom manufactured to NSMRL’s specifications and are not commercially available. Therefore, neither the manufacturing of the passive chemical dosimeters (supply) nor the follow up analysis (service) are considered to be commercially available.

On 05 January 2018 multiple queries of the Small Business Administration’s Dynamic Small Business Search (http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm) were conducted. The first query used the NAICS Code 541380 and the keyword “sampling station”. The second query used the NAICS Code 541380 and the keywords “dosimeter manufacturing”. Neither search produced any results.

Market research was conducted with the subject matter experts at NMSRL for the purpose leveraging their knowledge of the market place to locate potential sources that could meet the Government requirement. Subject Matter Experts at NSMRL are not aware of any sources that can meet the Government’s requirement, outside of Assay Technology, Inc.

Although the legacy contract (N62645-12-D-5033) is outside the period of time usually considered for market research, it should be noted that the requirement was competed on a full and open basis and only one proposal was received. The sole proposal received was from Assay Technology, Inc.

This procurement supports ongoing research under the SAHAP program. Utilizing a variety of sampling stations and forms of measurement from a different supplier (if they were available) and corresponding analysis, would cause disparities in data samples, which would compromise the validity of the SAHAP studies.

NMLC posted a sole source notice for five days and a notice of intent to sole source for fifteen days to the Government interface (FBO.gov). Both notices note that while they are not “a request for competitive proposals”, that “Sources interested in responding to this notice are required to submit a capability statement that includes management and technical data and cost information in sufficient detail and with convincing evidence that clearly demonstrates the capability to perform the required work.” The Government will use these responses “for the purpose of determining whether to conduct a competitive procurement or to proceed with a sole source contract.” No responses were received under either notice, further reinforcing the conclusion (based on the market research), that Assay Technology, Inc is the only source that can custom manufacture the required passive chemical dosimeters.

Market research did not locate any sources other than Assay Technology, Inc., who can custom manufacture the required passive chemical dosimeters and provide the required post exposure analysis.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

NMLC posted a sole source notice for five days and a notice of intent to sole source for fifteen days to the Government interface (FBO.gov). No responses were received. If another company would have responded to either notice with a capability statement, the Government would have evaluated the capability statement and adjusted the acquisition strategy accordingly.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer will perform a price analysis in order to determine that the anticipated cost to the Government of the services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 6, NMLC has no plans at this time to solicit for future contracts for the type of services covered by this document using full and open competition. If another potential source emerges, NMLC will assess whether competition for future requirements is feasible. If future requirements exist that do not involve the same research efforts, the government will solicit through full and open competition to remove barriers.