Redacted Sole Source Justification_BioMerieux Reagents -Beta.Sam.Gov.pdf

Control No: 20-RHCO-C-236

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Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: US Army Health Contracting Activity, Regional Health Contracting Office – Central, 3551 Roger Brooke Drive, JBSA Fort Sam Houston, Texas 78234.

2. Description of Action: Purchase reagents and consumables for the Department of Pathology and Area Laboratory Services, Brooke Army Medical Center, JBSA Fort Sam Houston, Texas.

Nature: Follow-on contract to W81K00-19-P-0136

Pricing/Contract Type: firm-fixed-price

Funds: Defense Health Program (DHP), FY20

Name of Proposed Contractor(s) and Address:

BioMerieux,Inc.

100 Rodolphe Street Durham, North Carolina 27712-9402

Brand Name Buy: No

3. Description of Services or Supplies: The requirement is to establish a bridge contract to purchase reagents and consumables for Government-owned equipment in order to conduct three different types of tests: microbial identification testing, antimicrobial susceptibility testing, and blood culture testing. The purpose of these tests are to detect harmful bacteria or fungi in the blood and to determine which specific antibiotics a bacteria or fungi is sensitive to so that physicians are guided in their drug choice and dosage for difficult-to-treat infections. The testing is performed in-house at Brooke Army Medical Center (BAMC), JBSA Fort Sam Houston, Texas.

Base Period: Date of Award to 30 September 2020 Value: $103,887.20 Option Period 1: 1 October 2020 to 31 March 2021 Value: $103,887.20 Total: $207,774.40

4. Authority: FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source is reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

5. Reasons for Authority Cited:

a. A notice of intent to sole source to BioMerieux was posted to http://beta.sam.gov (the Government’s Point of Entry) with the Government’s requirements from 12 – 19 March

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2020. No responses were received from industry. The notice advised industry that RHCO-C intends to issue a long-term competitive solicitation (which will allow for vendors to propose their own equipment/reagents, as long as they meet the Government’s statement of objectives) by 30 April 2020.

b. Mycobacterial testing looks for bacteria that causes tuberculosis and other infections caused by similar bacteria. If the BAMC Laboratory is not able to test for these highly contagious infections, a significant possibility exists that patients will not receive the appropriate treatment and transmit a disease to those they come into close contact with.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203, apply and were followed by the posting of the Notice of Intent to http://beta.sam.gov. This is a brand name restriction and therefore the posting of this Limiting Competition memorandum is required and will be accomplished within 14 days after contract award.

7. Market Research: Market research was conducted via the internet, brochures, literature review, and a Dynamic Small Business Search from the Small Business Administration’s website (results are below). However, this research did not reveal any other sources. The BAMC Laboratory is similarly unaware of any other commercial sources that can provide reagents that are compatible with the existing Government-owned equipment.

8. Other Facts: BioMerieux does not have any known distributors or other authorized vendors that could provide the required equipment and testing.

9. Technical/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: SGT Jamaal R. Lewis Date: 10 April 2020 Title: NCOIC, Bacteriology, Department of Pathology and Area Laboratory Services, Brooke Army Medical Center Signature:

10. Contracting Officer Certification/Approval: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon a comparison of prices paid for similar requirements on competitive contracts.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the

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Typed Name: Michelle Bartkowski Date: 10 April 2020 Title: Contracting Officer Signature: