JA_TDP_15-270_FINAL_Redacted.pdf

Template 05.5G.4B 18 May 2015

J&A Number:

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 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 on awarding a Firm Fixed Price (FFP) contract. The proposed source is Beckman Coulter Inc., 250 S Kraemer Blvd, Brea CA 92821.

3. Description of Supplies/Services.

The DDRP has a requirement for a maintenance support services contract for their installed Beckman Coulter 5830 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.

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 2016 Operation and Maintenance funds in the amount of approximately $297,240.00 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 $1,486,200.00.

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 USC 2304(c)(1) and FAR 13.501(a), Only One Responsible Source.

5. Rationale Justifying Use of Cited Statutory Authority.

Beckman Coulter is the only vendor authorized to service Beckman Coulter products. The OEM (Beckman Coulter) does not authorize any third party vendors to conduct maintenance, warranty or service work on any of their products. Service by a third party vendor will void the OEM warranty. Furthermore, Beckman Coulter is the only vendor that services the proprietary software and Beckman Coulter will not provide software support to third party vendors.

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

Market research was conducted from February to May 2015. Market research was conducted via the internet (using Google, Bing, and GSA Advantage) as well as by interfacing with knowledgeable individuals in the target industry to identify sources that could meet the Governments requirements. Market research concluded that Beckman Coulter Inc. is the only vendor that can provide maintenance support to proprietary Beckman Coulter equipment and therefore is the only source that can meet the minimum requirements of the Government.

A sources sought notice was posted on 08 December 2015 with a closing date of 23 December 2015. No responses were received in response to this notice.

A notice of intent was posted on 29 December 2015 with a closing date of 05 January 2016. 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 by conducting a price analysis before an award is made. In addition, the Government anticipates that the negotiated contract price will reflect a discount from the vendor’s commercial price list and will be determined fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

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

See Approvals on Next Page

J&A Number: (16-10109)

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Clinical Engineer

Code Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Command Counsel

CONTRACTING OFFICER CERTIFICATION

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

Contracting Officer

APPROVAL

Competition Advocate