A02-JA Sole Source FAR Part 13.5-FINAL-REDACTED.pdf

CUI

Control Number: JA-24-08-1650

CUI

Source Selection Information - See FAR 2.101 and 3.104-4

OCT 2023

Sole Source Justification and Approval

Under FAR 13.501

1. Contracting Activity: The contracting activity for this action is the US Army Medical Research Acquisition Activity (USAMRAA), Fort Detrick, MD 21702.

2. Description of Action: This is a requirement for the purchase of non-personal maintenance services for designated AB Sciex, LLC laboratory equipment within the Defense Health Agency (DHA), Armed Forces Medical Examiner System (AFMES), Division of Forensic Toxicology (DFT), This will be a new Firm-Fixed-Price (FFP) Contract in order to provide critical services for the AFMES mission.

3. Description of Supplies/Services: The AFMES has a requirement for a consolidated non-personal maintenance services contract for designated AB Sciex, LLC laboratory equipment within the DFT. The FFP Maintenance includes regularly scheduled preventative maintenance, inspections, calibrations, corrective/repair maintenance tasks and software services. The aggregate number of equipment covered under the contract shall fluctuate throughout the term of the contract. This fluctuation may result from the removal of aged, non-repairable, past service life, or past useful life equipment from the service contract, and the addition of new, warranty free equipment or equipment currently on inventory.

Period of Performance: 25 September 2024 - 24 September 2029 (Base Year plus 4 Option Years)

4. Authority Cited: 41 United States Code 1901 as implemented in Federal Acquisition Regulation (FAR) 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items.

5. Reason for Authority Cited: The AFMES DFT mission provides toxicological examination for military autopsies, aircraft incidents, criminal investigations (including drug-facilitated sexual assaults and driving under the influence (DUI)/driving while intoxicated (DWI)), fitness-for-duty inquiries, and selected cases of national interest.

Controlled by: Defense Health Agency (DHA) Controlled by: USAMRAA CUI Category(ies): Source Selection Limited Dissemination Control: FED Only POC: Christopher L. Cook

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Source Selection Information - See FAR 2.101 and 3.104-4

Each year the DFT processes more than 15,000 cases, many of which directly affect operational readiness and/or national security. The results obtained from these instruments require accuracy and precision. AB Sciex is the Original Equipment Manufacturer (OEM) and is the only authorized party to provide maintenance. AB Sciex has direct expertise to ensure the high reliability in operation and reporting for their equipment. OEM field service representatives are directly trained and updated on new procedures. Delays in repairs impact the timing of result release that impact DFT accreditation. Awarding this requirement to AB Sciex LLC will allow direct access to telephone support and scheduling, which will have a significant decrease of instrument downtimes and ensure the DFT will be able to continue to support their DoD missions.

Due to the nature of our mission and the exactness required in performing various drug screening/testing procedures, it is imperative that AB Sciex, LLC be awarded this contract to ensure the instrument’s performance, calibration, and functionality are not compromised during any equipment maintenance services.

Failure to award this requirement to AB Sciex, LLC will invalidate current standardized analytical drug testing procedures and would result in numerous man-hours being used to correct any deficiencies. The method validation process would take weeks to months to complete and during this time the DFT would not be able to report any case results.

This type of stoppage would be detrimental to all military contributors worldwide and delay the release of death certificates, testing results for ground flight crews involved in mishaps, and delay all criminal and fit for duty investigations. Failure to award this contract immediately could lead to suspended laboratory testing which impacts missions throughout the DoD.

6. Efforts to Obtain Competition: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 apply and will be followed. A Request for Information (RFI) was posted in April 2024 for a period of Fifteen (15) Days.

No responses were received.

7. Actions to Increase Competition: A Notice of Intent to sole source was posted to SAM.gov for 15 days. No responses were received.

8. Market Research: The equipment must be maintained within the original equipment manufacturer (OEM) specifications, in like new or better condition; therefore, no effort will be made to solicit offers from any other potential sources as there is only one known source capable of providing the required equipment maintenance service. No effective competition is anticipated.

a. Effective competition. No competition is available for the required equipment as AB Sciex, LLC is the manufacturer and only source that can completely satisfy this requirement.

b. Subcontracting competition. Not applicable.

CUI

Source Selection Information - See FAR 2.101 and 3.104-4

9. Interested Sources: A Notice of Intent to award a Sole Source was posted on the Federal Business Opportunities website for 15 days to afford the public an opportunity to respond with a Capability Statement. No responses were received to in response to the Notice of Intent

10. Other Facts:

Previous Contract or Purchase Order Number: W81XWH-19-P-0150

Previously competed: Sole Source

Previous authority for less than Full & Open Competition: FAR 13.106-1(b)(1)(i): Only one source reasonably available (e.g., urgency, exclusive licensing agreement, brand name or industrial mobilization)