Battelle Chem IDIQ J and A.pdf
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- Solicitation number
- 75A50122D00007
About this file
This is a Justification and Approval for Other Than Full and Open Competition document for a federal contract modification.
BARDA (Biomedical Advanced Research and Development Authority) seeks approval to increase the ceiling of an existing Indefinite Delivery/Indefinite Quantity (IDIQ) contract with Battelle Memorial Institute from $45 million to $67.5 million—an increase of $22.5 million. The modification to contract 75A50122D00007 is classified as an Individual Basis sole source action under FAR 6.302-1, justified by the requirement that only Battelle possesses the capability to fulfill critical modifications to two active task orders (Chem 2202 and Chem 2205) under the Nonclinical Development Chemical Network IDIQ. The contract funds R&D activities through a cost-plus-fixed-fee pricing structure. The proposed total estimated value is $67.5 million with a period of performance running from August 1, 2022, through July 30, 2027. Battelle is located at 505 King Avenue, Columbus, Ohio 43201.
The justification centers on modifications required to existing task orders to support the development of Medical Countermeasures (MCMs) against chemical, biological, radiological, and nuclear (CBRN) threats. BARDA requires modifications to study designs, including additional sample analyses, ultrasound imaging studies, extended in-life portions with additional timepoints, and specialized chemical agent storage and maintenance at Battelle's facility. The document establishes that transferring work to other IDIQ contractors would require 18 months for technical transfer and model establishment, creating unacceptable delays to critical national security initiatives. Additionally, Battelle possesses government-approved facilities and regulatory clearances necessary to work with high surety chemical agents, capabilities that are extremely limited among qualified institutions. Market research confirmed that the IDIQ was competitively awarded in 2022 through full and open competition among three contractors, with continuous task order competition among remaining network partners. The modification maintains the existing Statement of Objectives and performance period unchanged.
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6. Bridge Contracts:
Not applicable
7. Actions to Increase Competition:
As previously stated, all task orders awarded under the CHEM IDIQ multiple award contract are competed amongst the three contract holders and issued in accordance with FAR 16.507. Under the current CHEM multiple award IDIQ contracts, the Government ensures that all IDIQ contracts have a fair and equal opportunity for all Task Order awards, or follows the procedures for exception to fair opportunity.
All CHEM contractors are sent RTORs and solicited to provide both Technical and Cost Proposals. These proposals are then evaluated from both a technical standpoint, through a Technical Evaluation Panel (TEP) and a Cost standpoint, and a Task Order award recommendation is then made.
This competitive task order process under these CHEM Multiple Award IDIQ contracts not only ensure fair and equal opportunity for all task order awards but also incentivize the IDIQ contractors to provide the best possible technical and cost proposals in order to ensure that the Government receives the best technical efforts at a fair and reasonable cost.
8. Market Research:
This acquisition will be a modification to a Nonclinical Development Chemical network IDIQ contract awarded to Battelle in 2022. During the acquisition phase of that acquisition, a Small Business Sources Sought (SBSS) Notice ID 75A50122R00008 was published to SAM.gov to determine whether a total or partial small business set aside was appropriate. No responses to the SBSS notice were received, therefore, the Contracting Officer was unable to identify two or more capable small businesses. Based on prior procurement history with the Nonclinical Development Biological network and the lack of responses to the SBSS, the Contracting Officer determined that the IDIQ would be competed as a full and open procurement. A pre-solicitation notice was posted to beta.sam.gov at least 15 days prior to the release of the Nonclinical Development Biological network Request for Proposal to notify potential Offerors of the impending solicitation. Four contractors were awarded a contract under the chemical IDIQ network with three contractors still under contract. BARDA was notified by one contractor, MRI Global, during option year 2 on August 12, 2024, that they were no longer doing nonclinical animal model studies, therefore, option year 3 was not exercised with them.
Even though this contracting vehicle has an established network of contractors who have been vetted for the capabilities and expertise to meet the Government’s needs/requirements, continuous strategic and tactical market research is still conducted throughout the period of performance of the IDIQ contract as task orders are being considered. This is accomplished by:
• Assessing past and current contracts to determine if another contracting vehicle is an option for fulfilling the requirement;
• Holding conversations with network partners and sending out requests for information;
• Engaging in conversations with the industry; and
• Engaging in conversations with knowledgeable government contracting experts and technical subject matter experts.
DNCD has started market research activities to understand the potential contracting vehicles available to support the next generation of nonclinical development studies. The nonclinical development networks started in 2011 and have historically been executed as IDIQ contracts. BARDA has the Rapid Response Partnership Vehicle (RRPV) that supports BARDA in its objective to accelerate MCM product development against pandemic influenza, emerging infectious diseases, and CBRN threats. The RRPV is executed by an Other Transaction Authority (OTA) with a period of performance through 2033. DNCD has held multiple meetings with BARDA staff who are either responsible for or engaged with the RRPV to understand its organization, how the vehicle works, and potential applicability to BARDA’s nonclinical development needs. While the biological and radiological and nuclear IDIQ contracts still have approximately two years left in the period of performance, Market research regarding the best contracting vehicle is still ongoing.
Another aspect of market research that is continually ongoing is finding institutions that have the facilities, expertise, and government approvals needed to work with high surety chemical agents. Through market research efforts over the past years with the chemical agent community at meetings, conferences and discussions with other Government agencies the number of qualified institutions to meet BARDA’s needs is very limited.
At the task order level, BARDA has performed market research by releasing Request for Information (RFI) to the Chemical IDIQ network for Chem 2205 and Chem 2207. Additionally, as stated in section 3 “Description of Services or Supplies”, BARDA has awarded five task order contracts to date, four of which were awarded to Battelle. For two of the RTORs (Chem 2202 and Chem 2205), out of all the network contractors Battelle was the only bidder.
9. Procurement History:
Purchase order or contract number: 75A50122D00007
Was action competed? ✔ Yes
No
If action was not competed, state the cited authority, summarize rationale, and describe the actions that were supposed to be taken to increase competition and the results thereof:
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