A02_JA_KEMRI_LAB_MAINTENANCE_Redacted.pdf

Control No:

Program/Equipment: Laboratory equipment Maintenance

Version –March 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: Laboratory Equipment Maintenance

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. as implemented by FAR Subpart 13.5.

Amount:

Reviews: I have reviewed this justification and find it adequate to support sole source.

Version – March 2017 FOR OFFICIAL USE ONLY

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Sole Source Justification and Approval

1. Contracting Activity: The Contracting Activity for this requirement is the U.S. Army Medical Research Acquisition Activity (USAMRAA). The Requiring Activity is the U.S. Army Medical Research Directorate – Africa (USAMRD-A).

2. Description of Action: U.S. Army Medical Research Directorate – Africa (USAMRD-A) requests a firm-fixed-price contract with ThermoFisher Scientific through Africa Biosystems. The Government projects award for September 2019 and fiscal year 2019/20, DHP RDT&E funds will be used. 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: The following equipment requires maintenance: 3130-4 genetic analyzer, 3500xL genetic analyzer, Veriti thermal cycler (2), QuantStudio 7 Flex, Nuclei Acid Prepstation, ABI 6100, 7300 Real Time PCR, 7500 Fast-Real Time PCR.

Base Period: 9/25/19_ to _9/24/20 Value:

Option Period 1: 9/25/20 to 9/24/21 Value Option Period 2: 9/25/21 to 9/24/22 Value:

Option Period 3: 9/25/22 to 9/24/23 Value:

Option Period 4: 9/25/23 to 9/24/24 Value:

FAR Clause 52.217-8 option: 9/25/24 to 3/25/25 Value:

Total:

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5:

Unusual and compelling urgency Exclusive licensing agreements Industrial mobilization Other: Only one source is reasonably available per FAR 13.501(a)(1)(i)

5. Reason for Authority Cited: The maintenance required must be performed on-site at USAMRD-A, Kenya. The only company available to service all equipment is ThermoFisher Scientific with distribution through Africa Biosystems Limited. No other company has the expertise and distribution channels to provide USAMRD-A with the maintenance required to continue the research. The equipment must be functional and operational according to the manufacturer design specifications for its usage. Preventive maintenance, support and emergency repair service contract is required to maintain the performance functionality of the equipment.

This maintenance is critical to continue research at USAMRD-A.

(b) Alternatives: There are no alternatives. ThermoFisher Scientific with distribution through Africa Biosystems Limited is the only source who can perform the services at the location in Kenya.

Version – March 2017 FOR OFFICIAL USE ONLY

(c) Address the following as applicable:

1) What are the verified minimum requirements of the Government? How much further will the current items/services carry you? How much additional items/period of performance will you require? Not Applicable

2) If competition would have been feasible had more time been available, discuss other factors that had an impact on the decision to solicit only one source to satisfy the requirement (e.g. time available versus time required, phase-in/phase-out time, complexity of requirement, etc.). Not Applicable

3) Whenever the required action was "directed or mandated" by some higher level, be sure to include full information saying who imposed the requirement, how the mandate was communicated and the rationale for the mandate. Attach the applicable documentation (letter, message, etc.). Not Applicable

4) Identify the constraints such as schedule requirements, unique features and mandatory requirements, or the existence of patent, proprietary data, copyright or other such limitations which restrict competition. Not Applicable

5) If the requirement is for an interim contract (or contract extension) with the incumbent, discuss why it would be neither cost effective nor realistic to expect another Contractor to perform during the brief interim period. The following items may be relevant: start-up costs; manning problems including recruitment and associated relocation fees; continuity of service, transfer and accountability of a large amount of Government Furnished Property; variety and complexity of requirements; preparation of management plans; etc.

Not Applicable

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered. A Sources Sought was posted to Federal Business Opportunities (FBO) on 18 July 2019 for ten (10) calendar days in order to determine whether there were any viable candidates with the knowledge, experience and/or capability of providing laboratory equipment maintenance services outside of the ThermoFisher Scientific distribution through Africa Biosystems limited, however, no responses were received.

7. Actions to Increase Competition: Competition of the requirement is not possible since the proposed contractor ThermoFischer Scientific is the only company that services the KENYA location. No steps can be taken to increase competition as a result of the distribution through Africa Biosystems Limited. No other company has the expertise and distribution channels.

8. Market Research: Market research was conducted using historical data and internet research.

At this time, only one known source has been identified that can meet the Government’s needs to provide support for this effort. A request for Information was posted to FEDBizOPS (FBO) on 18 July 2019, no responses were received. A notice of Intent to Sole Source was posted to FBO on 21 August 2019 and no responses were received. Based on the market research only once source can provide the services in Kenya ThermoFischer Scientific.

Version – March 2017 FOR OFFICIAL USE ONLY

9. Interested Sources: See paragraph 6 for the synopsis information to date, no other sources have written to express interest in the acquisition.

10. Other Facts:

a. Procurement History:

(1) Contract numbers and dates of the last several contracts for these same requirements. Not applicable, this is a new requirement

(2) The competitive status of these actions. Not applicable

(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. Not applicable

(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

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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.

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.

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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: price analysis cost analysis IGCE audit: other:

As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

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