JOFOC 19GE5020P0077.pdf
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- Solicitation number
- 19GE5020P0077
About this file
This document is a justification for other than full and open competition for a sole source acquisition by the Department of State Office of Acquisition Management. The acquisition is for laboratory equipment and supplies in the amount of $780,500 in response to the COVID-19 emergency at the U.S. Embassy in Tashkent, Uzbekistan. The equipment includes a PCR machine as well as laboratory supplies and will be used to identify and contain the spread of COVID-19 in Uzbekistan. Due to travel restrictions and safety protocols in place due to the pandemic, only the local firm LLC Medbioline is able to fulfill the requirement in a timely manner by providing immediate delivery, installation and troubleshooting. The justification was approved and contract 19GE5020P0077 was awarded sole source to an unknown vendor for an unknown amount on June 26, 2020.
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SOLE SOURCE JUSTIFICATION FOR SIMPLFIED ACQUISITIONS
FAR Part 13.501(a)(1)(ii)
1. Identification of the agency and the contracting activity:
In accordance with Federal Acquisition Regulation (FAR) 13.501(a)(1) and 41 U.S.C.
1903, the Office of Acquisition Management proposes to award a purchase of laboratory equipment and supplies on the basis of other than full and open competition under the
Simplified Procedures for Certain Commercial Items. This acquisition is in support of
COVID-19 emergency relief effort by the Centers for Disease Prevention and Control
(CDC) at the U.S. Embassy Tashkent, Uzbekistan. The total estimated cost is $780,500.
2. The nature and/or description of the action being approved.
Purchase order for laboratory equipment and supplies.
3. A description of the supplies or services required to meet the Department’s needs.
Acquisition of supply, delivery and installation of laboratory equipment (PCR) as well as laboratory supplies in an effort to identify and contain the extent of the spread of the
COVID-19 virus in Uzbekistan.
4. An identification of the statutory authority permitting other than full and open competition: This acquisition is conducted under the authority of 41 U.S.C. 3304, as implemented by FAR 13.5 and substantiated by the following:
☒ FAR 13.501(a)(1)(ii) – Unusual and compelling urgency.
5. A demonstration that the proposed contractor’s unique qualifications or the nature of the action require use of the authority cited.
At this moment due to the COVID-19 pandemic the country is closed; there are no regular flights or other mode of transportation in or out the country. Only scheduled charter flights are allowed to bring Uzbekistan citizens from other countries or to move the foreign citizens to the countries of residence. It is difficult to predict when the country opens. The trips from neighboring countries are not possible at this time. In addition, local conditions in relation to biological safety impose strict limitations on access to laboratories. To allow for immediate relief, swift delivery , installation and troubleshooting require short response times which currently cannot be met by an outside source and/or foreign nationals. The firm LLC "Medbioline" is a local company with all necessary resources to fulfill the requirement and deliver the much-needed relief in the shortest possible time.
6. A description of the efforts made to ensure that offers are solicited from as many potential sources as is practicable, include whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.
This is an urgent and compelling requirement so an advance notice will not be synopsized
(FAR 5.202(a)(2)). A total of three potential sources were contacted for a price quote.
This JOFOC will be posted within 30 days of award.
7. A determination by the contracting officer that the anticipated cost to the
Government will be fair and reasonable.
Price is considered both fair and reasonable based on the IGCE and market research.
8. A description of the market research conducted (per FAR Part 10) and the results or a statement of the reason market research was not conducted.
Market research was conducted by CDC Uzbekistan by reviewing more than 50 local sources on the Internet and other available contract information. A total of three firms were identified as being capable of fulfilling the requirement. However, the first of them stated its inability to satisfy the requirement while the second source was only able to partially satisfy the requirement. For compatibility purposes, among other health concerns, it is important that the requirement is satisfied by one company. Of the three local sources, only LLC “Medbioline” was determined to be capable of satisfying the requirement within reasonable time.
9. Any other facts supporting the use of other than full and open competition such as:
N/A.
10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.
None.
11. A statement of any actions the agency will take to remove or overcome any future barriers to competition before any subsequent acquisition for the supplies or services required.
N/A.
CERTIFICATIONS
TECHNICAL AND REQUIREMENTS CERTIFICATION AQM QA Plan
I certify that this justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.
SIGNATURE:
//s// 6/17/2020
Name: Megan E. Gregor Date
Title: Program Deputy Director
Central Asia Regional Office
Centers for Disease Control and Prevention (CDC)
LEGAL SUFFICIENCY REVIEW (Ref: DOSAR 606.304); AQM QA Plan
This J&A is hereby determined to be legally sufficient.
______________//s//___________________ __ 6/16/2020_________
Dennis J. Gallagher Date
Assistant Legal Adviser
Office of the Legal Adviser, Buildings and Acquisitions (L/BA)
CONTRACTING OFFICER CERTIFICATION AQM QA Plan
I certify that this submission is accurate to the best of my knowledge, and that it contains complete information necessary to enable other officials to make an informed recommendation for approval or disapproval.
Eric N. Moore Date
Contracting Officer
Office of Acquisition Management
(A/OPE/AQM – RPSO-FR)
APPROVALS
//s// 6/17/2020
Kenneth G. Mamba Date
Branch Chief
(A/OPE/AQM – RPSO-FR)
Vince J. Cheverini, Jr Date
Division Director
(A/OPE/AQM/IP)
Sharon D. James Date
Competition Advocate
(A/OPE/AQM)
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