J A_(Heska_Redacted).pdf

J&A Number: NMLC-15-10353

JUSTIFICATION AND APPROVAL FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION

1. Contracting Activity.

This Justification and Approval (J&A) is executed by the Naval Medical Logistics Command

(NMLC), Fort Detrick, MD, on behalf of the requesting agency, Naval Medical Research Unit -

San Antonio (NAMRU-SA), 3650 Chambers Pass, JBSA Fort Sam Houston, TX 78234.

2. Description of the Action Being Approved.

Approval is requested to award a firm-fixed-price, indefinite delivery indefinite quantity contract on a sole source basis for the delivery of reagents and disposable products for use on the

DriChem 7000 Chemistry and HemaTrue CBC machines for use in combat casualty and operational medicine research protocols. The proposed source is Heska Corporation (Heska), Loveland, CO.

3. Description of Supplies/Services.

The purpose of this acquisition is for the delivery of up to 50 Comprehensive Panel 6 Panel

Carton, 50 packs lithium heparin tubes (1.5ml), 50 packs of plain tubes (0.5ml),10 Auto Tips, 12

Heska Chemistry Control Kits, 60 Hema True Diluent Solution (4 x 1.9L), 30 HemaTrue Lysing

Reagent (1.9L), and 30 HemaTrue Enxymatic Cleaner (1.9ml), 6 HemaTrue CBC Diff Control

Vials (six 4.5 vials per pack), 10 Heska Veterinary Hematology System Cleaning Kits, and 15

Microcapillary Tubes.

Research, Development, Test and Evaluation (RDT&E) Fiscal Year 2015 and 2016 funds will be used to procure the reagents and disposables during the 12 month base period. There will also be four, 12-month option periods, each estimated at $52,143.00, for a total estimated contract value of $260,715.00.

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

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.

5. Rationale Justifying Use of Cited Statutory Authority.

In accordance with FAR 6.302-1, Heska is the only vendor that manufacturers and distributes supplies and reagents for Heska hematology machines required in the research protocols. This will ensure the scientific data generated is consistently run on the same devices, which is critical when comparing results within a protocol.

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

A sources sought notice was synopsized on the Federal Business Opportunities (FBO) website on 13 August 2015 and no additional sources expressed an interest in this requirement. No additional market research was conducted because it is not practicable for the reasons discussed in paragraph 5 above, for any company other than Heska to provide the required services.

Additionally, a notice of intent to award to Heska was also issued on the FBO website on 18

August 2015 for 15 days and no additional sources expressed an interest.

7. Determination of Fair and Reasonable Cost.

The contracting officer will perform a price analysis in order to determine that the anticipated price to the Government of the services covered by this J&A will be fair and reasonable. Pre-negotiated or audited rates will be used where available.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, NMLC has no plans at this time to compete future contracts for the types of services covered by this document. If another potential source emerges, NMLC will assess whether competition for future requirements is feasible.

9. Contracting Point Of Contact.

The point of contact at NMLC is Mrs. Amber O’Bryan, Code 05, at DSN 343-8892, commercial

(301) 619-8892 or by e-mail at amber.n.obryan.civ@mail.mil.

See Approvals on Next Page mailto:amber.n.obryan.civ@mail.mil

TECHNICAL AND 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.

Technical Cognizance

Requirements Cognizance

LEGAL SUFFICIENCY REVIEW AND CONCURRENCE

I have determined this Justification is legally sufficient.

N/A

Julia P. Hatch Code 00L (301) 619-7491 Date

Office of Counsel

CONTRACTING OFFICER’S CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief. To the extent that the J&A value is between $150K and $650K, the Contracting Officer’s signature below also represents approval of the J&A.

Emily K. O’Hara Code 02 (301) 619-9242 Date

Contracting Officer

COMPETITION ADVOCATE REVIEW

To the extent that the J&A value is between $650K and $12.5M, the Competition Advocate’s signature below also represents approval of the J&A/LSJ.

N/A

Darin L. Callahan Code 00 (301) 619-3095 Date

Competition Advocate