JA_Institut Pasteur Du Laos__CO Signed_6-9-20.pdf

DDefense Threat Reduction Agency 8 7 2 5 J o h n J. K i n g m a n R o a d, S t op 6 2 01

Fort Belvoir, VA 22060-6201

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Nature and/or Description of Action

The Defense Threat Reduction Agency (DTRA) contracting activity proposes to execute a sole source contract on behalf of the Biological Threat Reduction Program (BTRP) of the Cooperative Threat Reduction Program (CTR) with Institut Pasteur du Laos (IPL) without using full and open competition. The period of performance for this effort is a one year base with three option years. The estimated total value is $2.1M.

2. Description of the Supplies/Services Required

The contractor shall continue to establish a long term disease surveillance capacity through training and subject matter expertise support to provide a stronger and more geographically dispersed biosurveillance network in Lao Peoples Democratic Republic (PDR), accomplished by the following efforts:

1) Training of trainers in biosafety and biosecurity for a designated responsible military staff and his/her deputy in each of the 18 military provincial hospitals;

2) Field Epidemiology Training short courses for military medical staff from central and provincial hospitals;

3) On-the-job training of military lab technicians and administrative staff, respectively in lab techniques, lab management, procurement and maintenance of equipment, waste management, basics of infectious diseases surveillance; and

4) Maintaining surveillance network for infectious diseases in military hospitals and progressive transfer of responsibility to Military Medical Department (MMD) central laboratory

3. Statutory Authority

The statutory authority for this non-competitive action is derived from 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

4. A Demonstration the Proposed Contractor’s Unique Qualifications or Nature of the Acquisition Requires Use of the Authority Cited

Pursuant to FAR 6.302-1, Only One Responsible Source and no other supplies or services will satisfy agency requirements. IPL’s intimate familiarity with the mission, vision, and requirements of MMD ensure effective implementation of training and sustainment of DTRA equities. Taking into account the above capabilities, expertise, unique access and connections of IPL, contracting with an organization other than IPL for this effort would duplicate cost and cause unacceptable delays to schedule while incurring performance risk. It would take at least two years for any other organization to achieve the same relationship with the Military Medical Department which IPL currently enjoys. During that time MMD would be negatively impacted by not benefiting from the multitude of trainings IPL provides, including Laboratory Safety Techniques and Maintenance, Bio-waste Management, Biosafety and Biosecurity, Field Epidemiology, Laboratory Procurement and Inventory, and English Training. The cost of similar organization to establish an in-country office would easily cost a minimum of $3 million dollars.

Laos is a small country that doesn’t have enough readily available office space or laboratories available for rent. Therefore the cost associated with a similar contractor establishing a similar in-country presence would likely need to build a new facility, employ and train qualified staff, and procure the necessary equipment used for testing and training. Additionally, even if another organization were to establish an office in-country and make in-roads with MMD, there is a substantial risk that they would not be able to achieve the same level of trust and familiarity and would therefore jeopardize the entire effort. This would ultimately lead to an unacceptable delay in fulfilling Agency requirements.

Institute Pasteur du Laos (IPL) is the only entity that has three unique, critical prerequisites essential to performing this requirement:

1.) IPL is the only qualified entity that has successfully developed a formal agreement with the Lao PDR military. IPL's unique position in the Lao PDR government functions as a quasi-governmental laboratory. The Laotian laboratory staff at IPL, headed by Dr.

Darouny Phonekeo have been working in close collaboration with the MMD for years and have been granted unparalleled military hospital access.

2.) Additionally, IPL has a unique in country capacity possessing a Biosafety Level (BSL) 3 laboratory with extensive vector borne disease/arbovirus capacity, biosafety/biosecurity measures and has an integrated teaching laboratory suite, insectary and an established field station for safely conducting a whole-process study for the collection, identification and isolation of pathogens.

3.) IPL has proven and demonstrated ability to obtain exemption for Value Added Tax (VAT) and other foreign taxes on costs incurred under the anticipated contract. Based on a DoD Memo, “Update on DoD Foreign Tax Relief Policy,” there is prohibition in incurring foreign taxes on CTR work. Because IPL has an existing relationship with the Lao PDR and established Memorandum of Understanding with Lao PDR military.

5. Effort to Solicit Potential Sources

A sole source notice posted to BetaSam.gov on April 20, 2020 allowed interested parties to object to the notice and submit capabilities statements. Interested parties were given until May 5, 2020 to respond to the notice. No sources responded. Market research indicates that IPL has the specific set of technical capabilities, understanding of requirements for working in Lao PDR, and has an existing relationship and established Memorandum of Understanding with the Lao PDR military. The lack of responses confirmed DTRA’s position that there are no other sources capable and willing to fulfill the requirements for this effort.

6. Fair and Reasonable Costs

The estimated total price of this contract action is $2.1M, with four 12 month periods of performance. The final price of this action will be determined fair and reasonable based on price analysis using a comparison to the Independent Government Cost Estimate (IGCE) and comparison to historical pricing for similar CTR contract efforts awarded through competition.

The Contracting Officer has preliminarily concluded that price analysis, supplemented with contract negotiations if required, will lead to a fair and reasonable price and their signature on the resultant document will constitute the determination required by FAR 6.303-2(a)(7).

7. Market Research

In accordance with FAR Part 10, market research has been conducted for this acquisition.

Internet searches, sources sought synopsis and historical outreach to the US embassy in Laos, U.S. Government regional partners and international organizations resulted in identifying several potential performers. However, two key criteria eliminated these other potential sources: the requirement of a Lao PDR based laboratory that contained the right capabilities, expertise, equipment and biosafety/biosecurity procedures and an existing agreement with the Lao military to engage in disease surveillance capacity development. These are necessary requirements in order to accomplish the activities of this project.

Upon further discussions with the U.S. Embassy Vientiane, the country team indicated it may take more than a year for a successful agreement with the Lao PDR military to gain access to sensitive laboratory sites. However, the Lao PDR military is open to engaging with BTRP at this time with IPL as the trusted partner for this effort. Institut Pasteur du Laos is a non-profit institute established to build sustainable local capacity and capability building to control emergence and spread of infectious diseases by fulfilling activities of public service that include: (a) Research and diagnostic on emerging infectious diseases and vector borne diseases,

(b) Training, education and capacity building and (c) Technical assistance to National Center for Laboratory and Epidemiology (NCLE) for investigation of epidemics. Additionally, IPL has a BSL-3 capacity with in-house capability to fully perform this requirement. Moreover, the IPL has a unique relationship and formal agreement with the Ministry of Defense developed over years of close cooperation.

Since IPL began work on behalf of BTRP in 2016, IPL has successfully engaged with the MMD, and has contributed to building capacity among the MMD. As IPL already has an established and trusted relationship with MMD, has the necessary laboratory, and is a previous performer, IPL can continue work seamlessly without a lengthy transition. This is particularly important as Lao PDR moves towards a graduation posture in 2024, all actions are timely. Therefore, IPL is the only performer with the necessary experience, access, expertise, and equipment to deliver on the requirements.

8. Other Supporting Facts

BTRP recognizes the danger to US national security posed by the threat from dangerous infectious agents. New infection, whether natural or man made, poses a risk to all countries of the world. BTRP strives to address this risk by promoting biological safety and security standards and practices and by improving partner countries' capacity to safely and rapidly detect and report dangerous infections.

The Lao military provides medical services to approximately 40% of the civilian population;

therefore, MMD plays a large role in public health and is a key component to disease detection and outbreak response in Lao PDR. A continued collaboration with IPL will further establish a self-sustaining capability not only within the Lao military hospital system, but the entire partner country. Moreover, it will strengthen cooperation between the US and Laos in reducing threats of dangerous infectious agents in the region; thereby, providing a mutual benefit of great magnitude to both countries.

Furthermore, there are no guarantees that other contractors can establish the necessary partnerships, arrangements and agreements to initiate this requirement within the timeline without increasing risk. Due to the unique requirements of working in Lao PDR and structure of partners, this will greatly impact lead time to start any effort risking project success. The only viable source capable to fully perform this requirement is the Institut Pasteur du Laos.

9. Interested Sources

A sole source notice posted to BetaSam.gov on April 20, 2020 allowed interested parties to provide responses to the notice. Interested parties were given until May 5, 2020 to respond. No sources responded. Market research did not identify any interested sources other than IPL.

10. Subsequent Actions

As the DTRA BTRP project in Lao PDR evolves, the Program Office will continue to assess BTRP’s mission to address global health security threats and conduct ongoing market surveillance to identify additional potential sources. Future work in Lao PDR will be evaluated for the possibility of competition and whenever feasible, future procurements will be conducted using full and open competition.

Technical Certification

I certify that the data and information in forming the basis for this justification are accurate and complete to the best of my knowledge and belief.

X Lieutenant Adam Claudy Lao PDR Country Manager

Contracting Officer Certification and Determination

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Date

CLAUDY.ADAM.NA

THAN.1469038285

Digitally signed by

CLAUDY.ADAM.NATHAN.146903

Date: 2020.05.27 13:07:40 -04'00'

X Lisa Diernisse Contracting Officer

General Counsel Coordination

This justification is legally sufficient.

General Counsel Date

Competition Advocate Approval

Based on the above justification, I hereby approve accomplishment of this acquisition by means other than using full and open competition.

X

Competition Advocate

Date

Date

FRATARCANGELI.JO

SEPH.VINCENT.1237

282457

Digitally signed by

FRATARCANGELI.JOSEPH.VINCE

NT.1237282457

Date: 2020.05.27 09:07:44 -04'00'

DIERNISSE.LISA.13

90603599

Digitally signed by

DIERNISSE.LISA.1390603599

Date: 2020.06.05 10:45:41 -04'00'