Justification_and_Approval_(J A)_for_Other_Than_Full_and_Open_Rev_1.pdf

Control Number: 16-RHCO-C-174

For Official Use Only (See FAR 2.101 and 3.104-4)

(28 March 2016)

Justification Review Document for Other than Full and Open Competition

Program/Equipment: Newborn Screening Test

Authority: FAR 6.302-1(a)(2)

Amount: $750,000 for Base (6 months) plus 4 one-year option periods

Prepared by:

Typed Name: Hyun J. Townsley DSN: 691-7337

Title: Contract Specialist Date: __14 March 2016______

E-mail: hyun.j.townsley.civ@mail.mil

Contracting Officer:

Typed Name: John A. Kwiatkowski DSN: 691- 6444

Date Reviewed: __16 March 2016___ E-Mail: john.a.kwiatkowski.civ@mail.mil

Technical Representative:

Typed Name: Alicia Garrett DSN: 691-7846

Title: Specimen Processing Supervisor Date Reviewed: 15 March 2016

Requirements Representative:

Typed Name: Charles R. Cleveland DSN: 691-7307

Title: COR/supply Technician Date Reviewed: 15 March 2016

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Legal Counsel

Newborn Screening Test Evans Army Community Hospital

Fort Carson, CO

(See FAR 2.101 and 3.104-4)

Typed Name:

________________________________DSN: ______________________

Signature:

________________________________ Date: ______________________

Justification and Approval for Other than Full and Open Competition

1. Contracting Activity: Regional Health Contracting Office – Central, Fort Carson Health Contracting Office Army Health Contracting Activity, 1650 Cochrane Circle, Bldg.

7500, Fort Carson CO 80913-4604

2. Description of Action: This is a follow-on requirement. Contract Type: Firm Fixed Price. Period of Performance: 1 April 2016 to 30 September 2020. Type of Funds:

O&M. Fee or Profit: N/A

3. Description of Supplies/Services: This requirement is for Newborn Screening Tests Services. All tests shall be executed at the Contractors’ premises, or within the Contractor’s network of laboratories. The total estimated contract value is $750,000 for base period (6 month) and four one-year option periods.

4. Authority Cited: 10 U.S.C. 2304 (c)(1), Federal Acquisition Regulation 6.302- 1(a)(2), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirement.

5. Reason for Authority Cited: Colorado 5 CCR 1005-4, Newborn screening and second newborn screening as implemented in Federal Acquisition Regulation 6.302- 1(a)(2), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirement.

Colorado Regulation 5CCR 1005-4 requires all the blood specimens of newborn born in or outside institutions and all other specimens taken in conformity with the law and these regulations will be sent to the Colorado Department of Public Health and Environment Laboratory for testing.

6. Efforts to Obtain Competition: Market Research

a. Effective competition. Colorado Regulation 5 CCR 1005-4 specifically states that all initial and second newborn screenings must be performed at the Department of Public Health and Environment Laboratory.

b. Subcontracting competition. Colorado Regulation 5 CCR 1005-4 specifically states that all initial and second newborn screenings must be performed at the Department of Public Health and Environment Laboratory.

7. Actions to Increase Competition: Due to Colorado Regulation 5 CCR 1005-4, this requirement will be always be sole source unless the State of Colorado changes the regulation to allow the public to do the newborn screening testing.

8. Market Research: A review of the Small Business Administration’s Dynamic Small Business System showed that there are no small businesses that can provide these test.

Phenylbenzene (PKU)

17-alpha-hpa-hydroxyprogesterone (Congenital adrenal hyperplasia –CAH)

Thyroxine or T4 (Hypothyroidism)

Thyroid Stimulating Hormone or TSH (Hypothyroidism)

Biotinidase (Biotinidase Deficiency)

Hemoglobin Electrophoresis (Hemoglobinopathies)

Galactose ~1-phosphate uridyl transferase (Galactosemia)

CF – Immunoassay, analyte, quantitative; not otherwise specified

MS-MS Expanded Screen

Severe Communicable Immuno Deficiency (SCID)

A review of a variety of Federal Supply Schedule (FSS)/VA Schedules showed that there are four vendors who can provide the majority of the required test needed to perform a newborn screening, however, three of the required test in Colorado is not found in the VA schedules. The on-line review of the marketplace showed that there are many companies who can provide supplemental newborn screening but State of Colorado law, 5 CCR 1005-4 specifically states that all initial and second newborn screenings must be performed at the Department of Public Health and Environment Laboratory.

9. Interested Sources: N/A

10. Other Facts:

a. Procurement history.

(1) Previous Procurement History: This is a follow-on requirement for the Newborn Screening Test Services. The original purchase order was awarded under W91YU0-10- P-0584. The previous requirement was awarded to Colorado State Department of Public Health and Environment.

(2) The competitive status of these actions.

- There is no record of previous solicitation.

(3) Authority previously cited if less than full and open competition was used.

- Unable to recover this information due to PD2 crash.

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results.

- Unable to recover this information due to PD2 crash.

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources.

- Because the J&A was lost, we are unable to verify this.

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys.

- Unable to obtain the history of this information.

(7) In a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes.

- Due to PD2 crash, this information is unavailable

b. Other facts. None

11. Technical Certification:

I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

_____________________________ Date: _16 March 2016 ______

Typed Name: _Alicia Garrett_________Title:__S.P. Supervisor________

12. Requirements Certification:

I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

______________________________ Date:_16 March 2016_______

Typed Name: _Charles R. Cleveland_____Title:__COR/Supply Technician__

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable base on comparison of the prices in the following states.

The cost of each test is set by the State of Colorado – government agency. A review was conducted of newborn testing in each bordering state (Wyoming, Nebraska, Oklahoma, New Mexico, and Utah). The average price per tests is $98.42. The range of prices is from $45.50 to $152.62. The price in Colorado is $92.00.

Date: _16 March 2016__

Typed Name: ___John A. Kwiatkowski________Title:__Contracting Officer______

14. Contracting Officer Certification:

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

Date: _16 March 2016__

Typed Name: ___John A. Kwiatkowski________Title:__Contracting Officer______

Approval

Based on the foregoing justification, I hereby approve the procurement of Newborn Screening Test services, total estimated contract value is $750,000.00 on an other than full and open competition basis pursuant to the authority of FAR 6.302-1(a)(2), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirement, subject to availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

Signature: Date:_30 March 2016

Typed Name:_Josesph S. Peck____________ Title: Advocate for Competition____