JA.docx

J&A No. 21-00002

JUSTIFICATION AND APPROVAL FOR

OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

This justification is executed by the Naval Medical Logistics Command (NMLC), Fort Detrick, MD, on behalf of the Navy to meet the requirements of the Depart of Defense (DoD) Drug Demand Reduction Program (DDRP).

2. Description of the Action Being Approved.

The proposed action is for an indefinite delivery indefinite quantity brand name contract for consumable supplies for clinical chemistry screening analyzers for the Drug Demand Reduction Program (DDRP). The proposed brand name is Beckman Coulter, Inc., 250 S Kraemer Blvd, Brea, CA 92821, or a Beckman Coulter authorized distributor.

3. Description of the supplies/services required to meet the agency’s needs.

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, IL; Navy Drug Screening Laboratory Jacksonville, FL; Army Forensic Toxicology Drug Testing Laboratory Fort Meade, MD; Army Forensic Toxicology Drug Testing Laboratory Tripler Army Medical Center, HI;, Headquarters Air Force Drug Testing Laboratory Lackland Air Force Base, TX; and Armed Forces Medical Examiner System (AFMES), Dover, DE. The attached 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 equipment/system 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 estimated annual quantities can be found below:

DDRP Operation and Maintenance funds will be used to procure the consumable supplies with the maximum annual amounts shown in the table below.

Estimated Dollar Value

RDT&E

OPN

O&MN

Total

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 U.S.C. 2304(c)(1) and FAR 6.302-1 only One responsible source or limited sources (including brand name) acquisitions. See also, 41 U.S.C. 1901 supporting the use of FAR 13.5 procedures.

5. Rationale Justifying Use of Cited Statutory Authority.

Only consumable supplies manufactured by Beckman Coulter and distributed by their authorized distributors can meet the minimum requirements of the Government. No other consumables from other manufacturers are compatible with the Beckman Coulter equipment that is currently installed. Only Original Equipment Manufacturer (OEM) replacement parts and supplies can be used with the analyzers to maintain system warranty and serviceability. Using consumable supplies manufactured by the OEM ensures proper functioning of the equipment. The supplies requested are specific for the Government approved equipment that meets DOD laboratory requirements. It is paramount to the mission of the command that the screening analyzers function properly, and as intended by the manufacturer, due to the unique mission of the Drug Screening Laboratories. Only Beckman Coulter Inc. or an authorized distributor can meet the minimum requirements of the Government.

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

A brand name only solicitation will be posted to beta.sam.gov. Market Research indicates that Beckman Coulter has multiple distributors capable of filling this requirement.

Market research was conducted in April, September, October, and November 2020. Research included a search of the Internet using Google, GSA Advantage, and the ECRI Sourcebook. Vendors identified which can meet all or part of the requirement include Beckman Coulter, Inc; Government Scientific Source, PartsSource, Dove Medical Supply, Branch Medical, and Medline Industries. Beckman Coulter, Inc. is the OEM, distributes its own products, and thus is capable of meeting the requirements of the Government. Government Scientific Source has 48 of the 57 required part numbers available on its Federal Supply Schedule contract. Four of the part numbers are not available from Government Scientific Source even as open market items; thus Government Scientific Source is unable to meet the minimum requirements of the Government. PartsSource has all of the required part numbers available via open market and is an authorized distributor of Beckman Coulter products. Dove Medical Supply is an authorized distributor of Beckman Coulter, however is not known if Dove Medical Supply carries the items for this requirement. Dove Medical Supply’s website list products by their catalog numbers, not Beckman Coulter part numbers. Branch Medical Services is an authorized distributor of Beckman Coulter. Their website does not have information on what products they provide. A sources sought notice was posted to beta.sam.gov on 28 April 2020 with a closing date of 28 May 2020. One vendor, Medline Industries responded. Medline submitted a capability statement and a letter from Beckman Coulter stating they are an authorized distributor. They also submitted a list of all items with Beckman Coulter part numbers and their corresponding catalog numbers. Medline Industries is a large business that is an authorized dealer for Beckman Coulter chemistry products.

It has been confirmed by Beckman Coulter that Beckman Coulter’s business strategies allow multiple parties (including Beckman Coulter) to respond and support solicitations to provide Beckman Coulter products.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable. Comment by Rider, Aimee L. CIV NMLC: Added the language from the NMCARS J&A template, which should be used.

8. Actions to Remove Barriers to Future Competition.

Future requirements will be synopsized in accordance with FAR 5.203. For the reasons set forth in Paragraph 5, Naval Medical Logistics Command (NMLC) has no plans at this time to compete, full and open, future contacts for the supplies covered by this document. If another potential source emerges, NMLC will assess whether competition for future requirements is feasible.