JA - COVID Vaccine Freezers - Final_Redacted.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

[ FOUO ]

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Agency and Contracting Activity.

INDO-PACIFIC COMMAND/J9 and 36th Contracting Squadron

Nature and/or description of the action being approved.

This is a new, emergent requirement to be awarded under a single award, firm fixed-priced contract. This purchase is utilizing Defense Security Cooperation Agency (DSCA) Overseas Humanitarian Aid and Disaster Assistance (OHDACA) Funding.

Expected contract award date is 30 June 2021. It is anticipated that FAR Part 13 Simplified Acquisition Procedures will be utilized along with FAR 6.302-2 – Unusual and Compelling Urgency in order to compress the solicitation time from 30 days to two days in order to meet delivery timeline requirements.

Description of supplies/services required to meet agency needs (including the estimated value).

Procurement/delivery of 77 medical-grade, ultra-low temperature freezers to Vietnam's Health and Defense Ministry in order to assist their efforts in critical COVID-19 vaccine administration and distribution. The Vietnamese National and District levels will use 14 freezers and the Vietnamese Provincial level will use the remaining 63 freezers. Estimated value of the procurement is

Statutory authority permitting other than full and open competition.

, FAR 6.302-2 – Unusual and Compelling Urgency

Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above (applicability of authority).

The Government of Vietnam and the Vietnamese Ministry of Health (MoH) have officially requested from the US Government 77 Medical Grade Ultra-Low Temperature freezers. These freezers will be used to store up to 31 million doses of Pfizer-BioNTech. Vietnam does not have the capacity to store the vaccines at the temperatures required (-80 to -60°C) to maintain their biological activity. In the long term, strategic placement of these freezers will enhance the capability of medical providers in local healthcare systems to deliver a higher standard of care during public health emergencies. This requirement is critical to local infrastructure development for COVID vaccine distribution and support to long term civilian healthcare system capability and capacity development.

Vietnam needs the vaccine both to protect its population and to prevent a severe downturn in population health.

The freezers will aid in the Vietnamese in combating COVID-19 in their country and by extension protecting global world health. Failure to provide the freezers by 30 August 2021 will compromise the ability of Vietnam to acquire the US manufactured vaccines and hinder their ability to combat the pandemic. Furthermore, to expedite the acquisition and provide vendors with well-defined salient characteristics, a Brand Name or Equal solicitation will be used in accordance with FAR 52.211-6.

Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under

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FAR 5.202 applies.

A sources sought was posted on SAM.gov from 24 June 21 to 26 June 21 under Notice ID: FA524021S0002. The Sources Sought described that it was solely for information and planning purposes only. It directed potential vendors to reference a salient characteristics attachment for a detail description of the requirement. It was noted the salient characteristics are currently in draft and that further revision or changes may be made. Three vendors responded by email and expressed interest in the requirement; Native Instinct LLC, Government Scientific Source and Erbil Enterprises Company. Only Native Instinct LLC and Government Scientific Source provided capability statements. Based on the results of the sources sought it was determined that there are potential vendors in that can fulfill the Government's need if a solicitation is posted.

Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The current estimate for all 77 freezers is this accounts for two different freezers models (Storage capacity, weight, dimensions, etc.). The estimate accounts for 14 freezers at unit cost of for a total cost of and 63 freezers at a unit cost of for a total cost of . Results on GSA Advantage showed that freezer unit cost can range from low as to upwards of per unit (Attch 1 GSA Advantage Search). The open market yielded similar results, ranging from to per unit cost (Attch 3 Unit Cost). These results are based on standard search for an "Ultra-low temperature freezer", it was not tailored to the unique specifications of the freezers that are required for this acquisition.

However, it does show that a unit cost of and are within the range of unit costs found on price pre-priced Government contracts on GSA Advantage and on the open market. Based upon the anticipation of competition on this shorten solicitation the Contracting Officer has determined that anticipated cost for this acquisition to be fair and reasonable.

Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

Market research was conducted on GSA Advantage and the Open market to find other potential sources that could meet the Government's need. A search on GSA Advantage using "ultra low temperate freezer" showed that there are at least three vendors that can provide ultra low temperature freezers from five different manufacturers (Attch 1 GSA Advantage Search).

Google was used to find sources in the open market "ultra low temperature freezers" was also used as a filter. The search yielded multiple vendors with the capability of providing ultra low temperate freezers from different manufacturers (Attch 2 Open Market Search). Market research has revealed that vendors can make delivery between 30 to 60 days, an order must be placed no later than 7 July 2021. Therefore, a compressed solicitation timeline for this commercial off the shelf item is indicated and warranted.

Any other facts supporting the use of Other Than Full and Open Competition.

N/A

List of any sources that expressed, in writing, an interest in the acquisition.

See section VI

A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

This is a unique acquisition that is necessary to support COVID pandemic relief efforts. The government intents to solicit this requirement on SAM.gov for at least 2 full days. Since this a commercial off the shelf item, it is anticipated that this time period, while less than 30 days, is adequate time for vendors that are capable of fulfilling the requirement to respond/ participate. In the future, the 36th Contracting Squadron will make efforts to enter early planning efforts with requiring activities in order identify requirements in earlier/predecisional stages in order to avoid acquisition concerns and adverse mission impact.

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XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.