HHS-SSJ under FAR Part 8.4-Fisher.pdf

Sole Source Justification (SSJ) RFO - FAR 8.401 & GSAM/R 538.7104-3(b)(1) (Insert applicable GSAM/R authority/citation)

1. Acquisition Title: Laboratory supplies and equipment

Division: Division of Clinical Quality Contracting Activity: New Contract Request Author: Vanessa Vicenti, COR Level II

2. Nature and/or Description of the Action being Approved:

Albuquerque Area Indian Health Service requests a firm fixed price contract with Fisher Scientific LLC for the period of performance listed below. The Government projects award for May 2026 using fiscal year 2026 Operations and Maintenance Appropriations and Medicare/Medicaid funds.

3. Description of Supplies and/or Services:

Albuquerque Area Indian Health Service laboratory programs need a contract for laboratory reagents and supplies to continue performing clinical laboratory testing. These supplies range from general laboratory supplies (i.e. lab coats, gloves, etc.) to more brand-name specific items (i.e. Thermo-Fisher MAS Quality Controls and Calibrators). This contract request is for all Albuquerque Area Indian Health Service Laboratories.

4. Authority Cited and Rationale:

Authority of the FSS Program, Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251, et seq.); Title 40 U.S.C. 501, Services for Executive Agencies, as implemented at RFO - FAR 8.401 and GSAM/R 538.7104-3(b)(1).

a. GSAM/R 538.7104-3(b)(1)(i)- The need is of such unusual urgency that following the procedures would result in unacceptable delays in fulfilling that need.

The Government requires the immediate issuance of an emergency contract to ensure continuity of patient care and the uninterrupted delivery of essential laboratory services while a long-term contract, consisting of a base period and four option years, is being developed and awarded.

A delay in contract award would pose a substantial and unacceptable risk to all federal laboratory facilities within the Albuquerque Area, potentially resulting in the discontinuation of in-house laboratory testing and specimen collection services. Such disruption would adversely impact clinical operations and compromise the Government’s ability to meet its mission requirements for patient care.

Contractor: Fisher Scientific LLC Schedule Contract Number: 36F79718D0395 Performance

Period Dates/Duration Unit Price/CLIN Multiplier Total

Base Period 12 months Varies 1 $610,000.00 Estimated Total Dollar Value: $610,000.00 Original Contract Value: $626,054.68 New Contract Value: $610,000.00

c. GSAM/R 538.7104-3(b)(1)(iii)- The order should be issued on a sole source basis in the interest of economy and efficiency because it is a logical follow-on to an FSS order already issued on a competitive basis.

Due to the urgent and compelling nature of the requirement, and the need to avoid any lapse in critical laboratory services, the Government must proceed with a sole source acquisition. The selected contractor is the only responsible source capable of providing the required services within the necessary timeframe to prevent disruption.

Full and open competition would result in unacceptable delays and is therefore not in the best interest of the Government.

5. Market Research:

Market research was conducted under the authority of the FSS Program, Title III of the Federal Property and Administrative Services Act of 1949; 40 U.S.C. 501; FAR 8.401; and GSAM/R 538.7104-3(b)(1). The Government reviewed GSA eLibrary, prior procurement history, commercial vendor capabilities, and current facility ordering practices.

The research confirmed that clinical laboratory supplies and consumables are available through the GSA Multiple Award Schedule under SIN 339113LAB, Laboratory Equipment and Products.

GSA eLibrary identifies multiple capable FSS vendors, including Fisher Scientific, VWR International, McKesson Medical-Surgical Government Solutions, Government Scientific Source, Hardy Diagnostics, and Neta Scientific.

Although multiple FSS vendors are available, Fisher Scientific is the only source currently integrated into the supported facilities’ established ordering, account, drop-shipment, allocation, and specialized laboratory supply processes. These existing commercial arrangements support uninterrupted delivery of critical supplies and continuity of laboratory operations.

Transitioning to another FSS vendor would require new account setup, ordering-process changes, logistics coordination, and validation of vendor-specific fulfillment procedures. Due to the urgent and compelling nature of the requirement, those transition activities would create unacceptable delays and risk disruption to laboratory operations and patient care.

Based on this market research, Fisher Scientific is uniquely positioned to meet the Government’s immediate requirement without transition risk or operational disruption. This supports limiting consideration to Fisher Scientific in accordance with GSAM/R 538.7104-3(b)(1).

6. Procurement history:

a. Contractor:

Contract or Order Number:75H70725F80021 Award Date and Period of Performance: June 7, 2025, POP: 5/1/2025-4/30/2026 Value (including all options): $626,054.68 Competitive Status: Not competed

Authority formerly relied upon if Not Competed: FAR 8.405-6(a)(1)(i)(A)

7. Actions to Foster Competition for Future, Similar Requirements:

The Government will continue to conduct market research in accordance with FAR Part 10, FAR 8.401, and GSAM/R 538.7104-3(b)(1) to identify additional FSS vendors capable of meeting future laboratory supply requirements. Future reviews will include evaluation of vendors’ ability to provide a broad range of clinical laboratory supplies and consumables, support specialized laboratory ordering requirements, and maintain continuity of operations comparable to existing processes.

Although Fisher Scientific is being utilized for the current requirement due to its established accounts, integrated logistics processes, and ability to provide uninterrupted service with the least operational risk, the Government will continue to assess other FSS vendors for future procurements. Vendor capabilities, product availability, fulfillment capacity, and the ability to provide a substantial percentage of the high-volume laboratory items currently procured through Fisher Scientific will be evaluated as part of ongoing market research efforts to promote future competition to the maximum extent practicable.

8. Additional Information or Other Facts: N/A

9. Technical or Requirements Program Management 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. [Always required.] (Only the Program or Project Manager or higher-level program official with specific knowledge of the individual requirement may sign the technical and requirements certifications.)

Area Laboratory Consultant Signature & Date

10. Best Value Determination: As the contracting officer, I hereby determine that the anticipated price to the Government for this contract action represents the best value for the Government. Describe in detail the basis for the determination. Address any pricing discounts requested or planned. Attach and/or summarize applicable market research, commercial prices list, comparable GSA schedule pricing, or other markers that were used in this determination.

11. Contracting Officer (CO) Certification and Approval: I hereby certify that this justification is accurate and complete to the best of my knowledge. [Always required; CO approval authority is limited to $900 thousand.]

Contracting Officer Signature & Date

ELEVATED REVIEWS & APPROVALS

12. Advocate for Competition (AfC) Review and Approval: I reviewed this justification and find that it adequately supports a sole source acquisition. [Division AfC approval authority is limited to $20 million.]

Advocate for Competition Signature & Date

13. Head of the Contracting Activity (HCA) Review and Approval: I reviewed this justification and find that it adequately supports a sole source acquisition. [HCA approval authority is limited to $90 million.]

Head of the Contracting Activity Signature & Date

14. HHS Office of General Counsel Review and Concurrence: I reviewed this justification and concur that it adequately supports a sole source acquisition. [Mandatory when SPE approval is required, unless otherwise waived in writing by the SPE.]

HHS Office of General Counsel Signature & Date

15. HHS Advocate for Competition (AfC) Review and Concurrence: I reviewed this justification and concur that it adequately supports a sole source acquisition. [Mandatory when SPE approval is required.]

HHS Advocate for Competition Signature & Date

FINAL APPROVAL

16. HHS Senior Procurement Executive Approval: Based on the foregoing, I hereby approve this sole source justification pursuant to the authority of 41 U.S.C. 251, et seq. and 40 U.S.C. 501. [Required if the total award value (including all options and FAR 52.217-8 value, as applicable) exceeds $90 million.]

HHS Senior Procurement Executive Signature & Date