Phadia JAandA_Redacted.pdf

Control No:21-RHCO-C-132Immunodiagnostic Analyzers andReagents/consumables forVarious Allergens

FARSUBPART 13.5SIMPLIFIEDPROCEDURESFORCERTAINCOMMERCIAL ITEMS-SOLESOURCEJUSTIFICATIONANDAPPROVAL

Program/Equipment:NewcontractwithPhadia,Inc.,for the procurementofimmunodiagnostic analyzers and reagents/consumablesfor various allergenand asthmaassays WilliamBeaumontArmy Medical Center,El Paso,Texas

Authority:Simplified Procedures forCertainCommercial Items,41U.S.C.1901as implemented byFARSubpart13.501(a)(1)(ii),solesource (including brand name) underthe authority ofthe simplified procedures forcertaincommercial items.

Amount:

Prepared by:

Contracting Officer:

Technical:

Requirements:

Version September2018 FOR OFFICIAL USEONLY

Control No: 21-RHCO-C-132 Immunodiagnostic Analyzers and

Reagents/consumables for Various Allergens

Version September 2018 FOR OFFICIAL USE ONLY

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items

Sole Source Justification and Approval

1. Contracting Activity: Regional Health Contracting Office-Central

2. Description of Action: The Regional Health Contracting Office Central requests approval for a firm-fixed-price contract with Phadia US, Inc., for immunodiagnostic analyzers and reagents/consumables for various allergen and asthma assays for William Beaumont Army Medical Center, El Paso, Texas. The period of performance is 7 October 2020 to 30 September 2021 utilizing fiscal year 2021, DHP Operations and Maintenance funds. The contracting officer gave verbal authorization to the contractor on 7 October 2020.

X An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B

3. Description of Supplies/Services: William Beaumont Army Medical Center (WBAMC) requires immunodiagnostic analyzers and reagents/consumables for various allergen and asthma assays.

a. The Contractor shall provide one immunodiagnostic analyzer and reagents/ consumables for various allergen and asthma assays on a cost-per-test arrangement.

These supplies are necessary to ensure the continuity of operations of essential patient testing currently being performed by the Department of Pathology, William Beaumont Army Medical Center (WBAMC), El Paso, TX.

b. The following contractor shall provide the testing system includes at a minimum, analyzer and peripherals to include: Uninterruptable Power Sources (UPS), scanners, terminals, monitors, etc. Testing system shall be delivered and installed at WBAMC, El Paso, TX.

Delivery Period: 7 October 2020 to 30 September 2021. Total Value:

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 (or 41 U.S.C. 1903 for Special Emergency Procurement) as implemented by FAR Subpart 13.5:

X Other: Federal Acquisition Regulation 13.501(a) (1) (ii), sole source (including brand name) under the authority of the simplified procedures for certain

Reagents/consumables for Various Allergens

Version September 2018 FOR OFFICIAL USE ONLY commercial items.

5. Reason for Authority Cited: Competitive long-term requirement, W81K00-20-P- 0267, was awarded to Phadia US, Inc., on 8 September 2020 for 60-months and provided for immunodiagnostic analyzers and reagents/consumables for various allergen and asthma assays. Phadia US, Inc., was the only vendor to respond to the competitive solicitation. The base period expired 30 September 2020. Option one was supposed to start 1 October 2020 for a 12-month period. However, due to a failure to exercise the option by 1 October 2020, the contract is now void. In order to provide immunodiagnostic analyzers and reagents/consumables for various allergen and asthma assays, which is critical to the Department of Defense mission of providing access to patient care, a sole source contract is required with Phadia. Phadia is the only company that possesses the ability to immediately support the continuation of this requirement, because they are the incumbent and provider of the required analyzers that are currently in use.

6. Efforts to Obtain Competition: The Contracting Officer solicited W81K00-20-Q-0103 as a full and open acquisitions on beta.SAM.gov from 7 August 2020 to 21 August 2020, as required by FAR 5.201. Phadia was only vendor that responded. Therefore, it is not practical to solicit contract and expect responses from other sources. Phadia has the capability to provide a continuation of these critical services with the existing analyzers without an extended break in service.

7. Actions to Increase Competition: The re-solicitation for the long-term follow-on requirement will be competed. The solicitation will afford interested vendors the opportunity to compete for the long-term requirement.

8. Market Research: Phadia was the only vendor that responded to solicitation W81K00- 20-Q-0103. Therefore, it is not practical to solicit a new contract and expect responses from other sources. Phadia has the capability to provide a continuation of these critical services with the existing analyzers without an extended break in service.

9. Interested Sources: The re-solicitation for the long-term follow-on requirement will be competed, which will afford interested vendors the opportunity to compete for the long-term requirement.

10. Other Facts: Discuss any other facts supporting the use of other than full and open competition, such as the following:

a. Procurement History:

(1) Contract numbers and dates of the last several contracts for these same requirements.

Not applicable.

(2) The competitive status of these actions.

Reagents/consumables for Various Allergens

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Contract W81K00-20-P0267 was awarded to Phadia, US, Inc, Competitive acquisition.

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

Not applicable.

(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. Not applicable.

(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. Contract W81K00-20-P0267 was awarded to Phadia, US, Inc, as a competitive acquisition. Phadia was the only vendor that responded to the solicitation.

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys. Not applicable.

(7) If 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. Not applicable.

b. Class J&A: This Class J&A will cover all future actions for these items/services (as appropriate). Each action will be supported by a memorandum for record stating the action is within the scope of the class J&A in each contract file. Not applicable

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Reagents/consumables for Various Allergens

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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.

Typed Name: Date: 19 October 2020 Title: Signature:

10/19/2020

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.

Typed Name:

Signature:

10/19/2020

X

Reagents/consumables for Various Allergens

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13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following: cost analysis price analysis should cost IGCE audit: other

As a part of this basis, certified cost or pricing data:

will be required.

will not be required and the following exception applies (FAR 15.403):

Prices that will be agreed upon are based on adequate price competition.

Prices that will be agreed upon are based on prices set by law or regulation.

A commercial item is being acquired.

A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

The contract action is a modification to a contract or subcontract for commercial item(s).

The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

S nature:

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature: