J-A_20-RHCO-C-317_REDACTED.pdf

Control No: 20-RHCO-C-317

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: JBSA Health Contracting Branch, Regional Health Contracting Office – Central (RHCO-C), JBSA-Fort Sam Houston, Texas 78234.

2. Description of Action: Request for an urgent sole source acquisition with the National Marrow Donor Program for a requirement of cord blood units for a patient (RID requiring a bone marrow transplant currently receiving treatment at the Zachary and Elizabeth M. Fisher Bone Marrow Transplant program at Brooke Army Medical Center (BAMC) with a diagnosis of High Risk Myelodysplastic Syndrome. A stem cell transplant represents the only potential curative therapy for this patient. The purchase order shall not exceed $85,630.00. Delaying the search for donors may allow further progression of patient’s disease and have significant negative impact on the outcome in this case.

Nature: New Requirement

Contract Vehicle: Purchase Request Number 11494533 (Contract Number TBD)

Pricing/Contract Type: Fixed Price

Funds: FY20 Defense Health Program, Army (DHP) FY20

Name of Proposed Contractor(s) and Address:

National Marrow Donor Program 500 N 5th St.

Minneapolis, MN 55401-1206 Phone: 612 617-8367

Brand Name Buy: No

3. Description of Services or Supplies: This requirement is a priority 03 for the purchase of bone marrow, stem cells, and cord blood transplants in support of patient being treated at Brooke Army Medical Center, JBSA – Ft Sam Houston Texas.

Period of performance: 4 May 2020 – 30 Sep 2020.

Total Value: $ 85,630.00

4. Authority: FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

5. Reasons for Authority Cited: Due to patient’s declining condition, it is imperative that the treatment commence as soon as possible. The National Marrow Donor Program (NMDP) is the only source reasonably available due to access to donor and cord blood registries and banks throughout the world. The NMDP registry includes more than 50,000 cord blood units and 10 million potential donors. Through their connections with other national registries, the NMDP can access more than 20.5 million potential donors worldwide. They are the largest registry of cord blood in the United States and report a 95% success rate in matching patients to cord blood donors. They report the average likelihood of finding a potential donor of stem cells at least 86% of the time. In addition to maintaining the registry, they ensure safe transport of cell products by using trained, experienced certified couriers. Delaying the search will allow further progression of the patient’s diagnosis and will have a negative impact on patient’s health. NOTE: Due to the emergent nature of this requirement, the Contracting Officer issued an authorization to proceed on 4 May 2020, not to exceed $85,630.00.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 apply and will be followed.

7. Market Research: Research was done by using public search engines such as Google and Bing. The search was done by using key words “Bone Marrow” and the results found were the National Marrow Donor Program. Also conducted Dynamic Small Business Search using key words “Transplant, Bone Marrow” with NAICS code 621991; resulting with one possibility but small business was unable to fulfill the requirement. Upon final approvals, this J&A will be posted to https://beta.sam.gov.

8. Other Facts: The Government will continue to monitor the market for additional sources, but at this time there is only one source that can provide these services in the required timeframe, due to having access to over 20 million donors with the possibility of success in finding a match. Past requirements of this nature have been solicited and posted on Government point of entry without obtaining responses from industry. The government will continue to seek new resources that will satisfy this requirement through continued market research to determine if there are new technologies and companies that can provide these services.

9. Technical/Requirements 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.

Typed Name:

Date: 12MAY20 Title: Administrator, DOM Signature:

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon government estimate and comparison of prices through previous purchases of similar types of requirements.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name: Michelle Bartkowski Date:

Title: Contracting Officer Signature:

BARTKOWSKI.MICH

ELLE.M.1019472678

Digitally signed by

BARTKOWSKI.MICHELLE.M.1019472678

Date: 2020.05.13 08:08:22 -05'00'