HHS JOFOC_St Patrick Hospital_FINAL REDACTED.docx

Attachment C

Justification for Other than Full and Open Competition

“Source Selection Information – see FAR 2.101 and 3.104”

1. Identification of the agency and contracting activity.

a. Federal agency and contracting activity. DHHS/National Institutes of Health

b. Sponsoring organization. Office of the Director [OD], Office of Research Services [ORS], Division of Occupational Health and Safety [DOHS], Rocky Mountain Laboratories [RML].

c. Project Officer information.

· Project Officer name. Paul A. Carlson

· Mailing address. Rocky Mountain Laboratories, 903 S. 4th Street, Hamilton, MT 59840

2. Nature and/or description of the action being approved.

a. Acquisition purpose and objectives. This justification document serves as authority for a sole source, firm-fixed price contract to provide a continuation of services for a Patient Isolation Facility that will provide isolation capability for Rocky Mountain Laboratories’ (RML) workers and visitors with known or potential exposures to, or illnesses from, work-related or laboratory acquired diseases.

b. Project background. This logical follow-on order will mirror existing medical services currently being provided under contract #N01AO60025 with St. Patrick Hospital with a period of performance of 29 September 2006 through 28 September 2011. The current fixed price contract, which included construction and medical services, obligated $1,525,988.00 over a base plus 4 option years period and was originally solicited under full and open competition.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

a. Project title. ST. PATRICK HOSPITAL – Regional Referral Hospital

b. Project description. Reference attached Statement of Work (SOW).

· Requirement type.

Research & development (R&D) R & D support services Support services (non-R&D) Supplies/equipment Information technology (IT) Construction Architect-engineer (A & E) services Design-build Other (specify): ____________________

· Type of action.

New requirement Follow-on Other (specify): ______________________

· Proposed contract/order type.

Firm-fixed-price Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee): __________ Cost-plus-fixed-fee Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee): ___________ Time and materials Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ___________ Other (specify): ___________ Completion Form Term form

· Acquisition identification number. NOI-RML-11037

c. Total estimated dollar value and performance/delivery period. $607,110.00. Period of Performance 09/29/2011-09/28/2016 (Base plus 4 option years).

4. Identification of the statutory authority permitting other than full and open competition.

This acquisition is conducted under the authority of 41 United States Code (U.S.C.) 253(c)(1) as set forth in Federal Acquisition Regulation (FAR) 6.302- 1(a)(2)(ii)(A). Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition.

This acquisition is conducted under the authority of section 4202 of the Clinger-Cohen Act of 1996.

This acquisition is conducted under the authority of the Services Acquisition Reform Act of 2003 (41 U.S.C. 428a).

5. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited.

a. Name and address of the proposed contractor(s). St. Patrick Hospital, 500 W. Broadway Street, Missoula, MT 59802.

b. Nature of the acquisition and proposed unique qualifications of the contractor(s). Rocky Mountain Laboratories’ patient isolation facility is located in Missoula, Montana at St. Patrick Hospital. This facility was previously constructed and equipped to meet the government’s BSL-3 and BSL-4 (Biosafety Level 3 and 4) standards. Negotiating a follow-on order with the existing contractor allows for the most effective use of resources.

6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a FedBizOpps notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies. This requirement will be posted for 15 days on FedBizOpps as a Combined/Synopsis Solicitation, Notice of Intent for Commercial Items under FAR Part 12.6 and FAR 13.5 Test Program for Certain Commercial Items.

7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable. Price reasonableness has been determined by price comparison with the previous order (Contract #N01AO60025) and current U.S. Department of Labor wage determinations for Registered Nurses.

8. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted. No new market research was conducted since these services are follow-on requirements to existing services. Market research was conducted at the time of the original award.

9. Any other facts supporting the use of other than full and open competition.

Re-competing the construction of a new patient isolation facility and the services currently being filled would result in substantial duplication of costs to the Government that is not expected to be recovered through competition. Estimated duplication of costs would exceed $880,000.00 based on 2006 figures from contract #N01AO60025. Such costs include the time of technical and contracting personnel to review and evaluate the requirement; and construction, equipment, staffing and training costs.

10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition. At this time, no other sources have expressed interest, in writing, in the proposed acquisition. [Pending response to the Combined Synopsis/Solicitation Notice of Intent].

This is to certify that the portions of this justification that have been developed by the undersigned program office personnel, including supporting information and/or data verifying the Government’s minimum needs, schedule requirements and other rationale for other than full and open competition, are accurate and complete.

13. Contracting Officer certification.

This is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief the information and/or data provided to support the rationale and recommendation for approval is accurate and complete.

Chief of the Contracting Office

Head of the Contracting Activity

Competition Advocate

HHS Senior Procurement Executive