JA for posting.docx

J&A Number 21-0001

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

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

2. Description of the Action Being Approved.

The proposed action is for award of a contract on a sole source basis for a maintenance support services for the installed Beckman Coulter 5830, 5820, and 5810 High Speed Screening Analyzer Systems at the following six (6) DoD sites: Navy Drug Screening Laboratory, Great Lakes, IL; Navy Drug Screening Laboratory, Jacksonville, FL; Navy Drug Screening Laboratory, San Diego, CA; Army Forensic Toxicology Drug Testing Laboratory, Fort Meade, MD; Army Forensic Toxicology Drug Testing Laboratory, Tripler Army Medical Center, HI; and Headquarters Air Force Drug Testing Laboratory, Lackland Air Force Base, TX.

The Government intends to award a single Firm Fixed Price (FFP) P-type contract with a one (1) year base period and four (4) one (1) year option periods commencing 18 March 2021 with a possible extension through 17 March 2026. The proposed source is Beckman Coulter Inc., 250 S Kraemer Blvd, Brea CA 92821 (Cage Code 5M9B1).

3. Description of Supplies/Services.

The (DoD) (DDRP) has a requirement for a maintenance support services contract for their installed Beckman Coulter 5800 High Speed Screening Analyzer Systems. Maintenance services are required to be provided by an Original Equipment Manufacturer (OEM) authorized maintenance provider so that the warranty is retained.

Support shall include preventive maintenance, corrective maintenance including telephone support and on-site field support, and system updates including updates to hardware and software. All parts, labor, and travel will be included.

Vendor shall be an Original Equipment Manufacturer (OEM) authorized maintenance contractor for the proposed equipment/systems 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 total proposed period of performance is for 60 months (if all option period are exercised). The base period will be 12 months and the contract will contain an additional four option periods of 12 months each.

Fiscal Year 2021 Navy Operation and Maintenance funds in the amount of approximately will be used to provide service for the base period. The value of the contract for the base period and additional 4 option periods is estimated at $.

4. Statutory Authority Permitting Other Than Full and Open Competition.

The statutory exception permitting other than full and open competition for this acquisition is 41 USC 2901 and FAR 13.501(a), Only One Responsible Source.

5. Rationale Justifying Use of Cited Statutory Authority.

Only Beckman Coulter Inc. can provide maintenance service to meet the minimum requirements of the Government. Beckman Coulter Inc. is the manufacturer of the clinical chemistry analyzers and the sole provider for service, OEM parts, technical support, and contractual maintenance for all Beckman Coulter clinical chemistry analyzers. A service contract through the original manufacturer ensures proper functioning of the equipment. The service contract requested is specific for the Government approved equipment that meets DOD laboratory requirements. It is paramount to the mission of the command that the clinical chemistry analyzers function properly, and as intended by the manufacturer, due to the unique mission of the Drug Screening Laboratories. Beckman Coulter Inc. does not train, nor authorize any other organizations within North America to service or maintain Beckman Coulter clinical chemistry analyzers. Only Beckman Coulter Inc. can meet the minimum requirements of the Government.

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

This requirement will be posted to FedBizOpps in accordance with FAR 5.202. Market research was conducted in October 2020. Research included a search of the Internet using Google, GSA Advantage, and the ECRI Sourcebook. Numerous laboratory equipment maintenance service providers exist, many of which are capable of providing maintenance service for chemistry analyzers. The only service provider authorized to perform maintenance on clinical chemistry analyzers manufactured by Beckman Coulter is Beckman Coulter. Thus, Beckman Coulter Inc. is the only OEM-authorized service provider that can meet this requirement. Only Beckman Coulter Inc. can meet the minimum requirements of the Government.

A sources sought notice was posted on 03 June 2020 with a closing date of 03 July 2020. No responses were received in response to this notice.

A notice of intent was posted on 29 January 2021 with a closing date of 13 February 2021. No responses were received in response to this notice.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer shall determine the anticipated cost to the Government of the services covered by this Justification and Approval will be fair and reasonable.

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, the Naval Medical Logistics Command has no plans at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, the Naval Medical Logistics Command will assess whether competition for future requirements is feasible.

9. Contracting Point of Contact.

The point of contact at Naval Medical Logistics Command is Jan Harding, Code 05, at (301) 619-0177 or by e-mail at jan.t.harding.civ@mail.mil.