J A_Redacted.pdf

Template 05.5G.4B 18 May 2015

J&A Number: (15-10370)

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

This justification is executed by the Naval Medical Logistics Command, Fort Detrick, MD to meet the requirements of the DoD Drug Demand Reduction Program.

2. Description of the Action Being Approved.

The proposed action is for award of a contract on a sole source basis for for clinical chemistry screening analyzer consumable supplies for the Drug Demand Reduction Program (DDRP).

The Government intends on awarding an Indefinite Delivery/ Indefinite Quantity (IDIQ) contract with Firm Fixed Price (FFP) delivery orders. The proposed source is Beckman Coulter Inc, 250 S Kraemer Blvd, Brea, CA 92821.

3. Description of Supplies/Services.

The requirement is for consumable supplies for high speed immunochemistry screening analyzer systems. The supplies shall be compatible with the currently installed Beckman Coulter AU5800 series clinical chemistry analyzers at all of the following locations: Navy Drug Screening Laboratory Great Lakes, Navy Drug Screening Laboratory Jacksonville, Navy Drug Screening Laboratory San Diego, Army Forensic Toxicology Drug Testing Laboratory Fort Meade, Army Forensic Toxicology Drug Testing Laboratory Tripler Army Medical Center, Headquarters Air Force Drug Testing Laboratory Lackland Air Force Base, Armed Forces Medical Examiner System (AFMES), Dover, DE. The attached TDP worksheet provides a list of the required items and estimated maximum annual quantities.

Vendor shall be an Original Equipment Manufacturer (OEM) authorized dealer, authorized distributor or authorized reseller for the proposed consumable supplies such that OEM warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

The IDIQ contract will be for a base ordering period of 12 months with four 12 month options for a total ordering period (if the Government exercises all options) of 60 months. The maximum order threshold is estimated to be $1,357,000.00 for each year. The maximum ordering threshold for the 60 month period is $6,785,000.00.

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

The statutory exception permitting other than full and open competition for this acquisition is 10 USC 2304(c)(1) and FAR 13.501(a), sole source acquisitions.

5. Rationale Justifying Use of Cited Statutory Authority.

Beckman Coulter, Inc is the only vendor which is capable of providing the required consumable supplies that are compatible with the Beckman Coulter AU5800 series analyzers currently installed at the DDRP laboratories. Only Original Equipment Manufacturer (OEM) replacement parts and supplies can be used with the analyzers to maintain system warranty and serviceability.

Beckman Coulter does not authorize third party vendors to distribute parts and supplies for Beckman Coulter AU5800 series analyzers. No other vendor is capable of providing the required consumable supplies at the DDRP laboratories.

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

Market research was conducted in July and August of 2015. The market research conducted included research conducted by the internet, review of product literature, and review of the competitive open market procurement of high speed immunochemistry screening analyzer systems in 2014, which was awarded to Siemens Healthcare Diagnostics (contact N62645-14-C- 4040). The internet search was done using Google, Bing, GSA Advantage, and the ECRI Sourcebook. Also, an email regarding distributor availability was received from Amy Adkins from Siemens Healthcare Diagnostics on 7/23/2015. It was found that although Siemens Healthcare Diagnostics is the sole authorized distributor for Beckman Coulter toxicology testing equipment, Beckman Coulter is the sole manufacturer and provider of the the required consumable supplies for the DDRP laboratories. Other vendors provide supplies for clinical chemistry screening analyzer systems, but not supplies that are compatible with Beckman Coulter AU5800 series analyzers. Beckman Coulter Inc is the only vendor which can meet the minimum requirements.

A sources sought notice was posted on 15 October 2015 with a closing date of 19 October 2015.

No responses were received in response to this notice.

A notice of intent was posted on 19 October 2015 with a closing date of 02 November 2015. No responses were received in response to this notice.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer shall determine that the anticipated cost to the Government of the supplies covered by this Justification and Approval will be fair and reasonable by conducting a price analysis before an award is made. In addition, the Government anticipates that the negotiated contract price will reflect a discount from the vendor’s commercial price list and will be determined fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, the Naval Medical Logistics Command has no plans at this time to compete future contracts for the types of supplies/services covered by this document.

If another potential source emerges, the Naval Medical Logistics Command will assess whether competition for future requirements is feasible.

9. Contracting Point of Contact.

The point of contact at Naval Medical Logistics Command is Amanda E. Rutten, Code 05, at DSN 343-3969, commercial (301) 619-3969 or by e-mail at Amanda.E.Rutten.civ@mail.mil.

See Approvals on Next Page

J&A Number: 15-10370

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

APPROVAL