SSJ_Redacted.pdf

Control No: JA-19-04-096

Sole Source Justification (SSJ) in accordance with FAR subpart 13.5 Simplified Acquisitions Procedures (SAP)

1. Contracting Activity The Contracting activity for this action is the U.S. Army Medical Research Acquisition Activity (USAMRAA), 820 Chandler Street, Fort Detrick, MD 21702-5014.

2. Requiring Activity The requiring activity for this action is the Defense Health Agency (DHA), Armed Forces Medical Examiner System (AFMES), Division of Forensic Toxicology (DFT), Dover Air Force Base, DE 19902.

3. Nature of Action:

Commercial Item Non-Commercial Item New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number

Pricing: Firm-Fixed Price* Time & Materials** Cost*

* See FAR 12.207(a) ** See FAR 12.207(b).

For Hybrid Contracts, list percentage of each type of pricing:

* Firm Fixed Price: ________

**Time & Materials: ________

* Cost: ________

Funds: RDT&E Operations and Maintenance, Army (OMA)

Other Funds:

Fiscal Year of Funds: FY19

Estimated Total Dollar Value including Options:

4. Contractor Name:

AB Sciex LLC 1201 Radio Road Redwood City, CA 94065-1217 1-800-343-1346 Duns: 832499300 Cage: 5WND2

5. Description of Supplies/Services AFMES has a requirement for a consolidated non-personal maintenance services contract for designated AB Sciex laboratory equipment within the DFT. The Firm Fixed Price (FFP) Maintenance includes regularly scheduled preventative maintenance, inspections, calibrations, and corrective/repair maintenance tasks. The aggregate number of equipment covered under the contract shall fluctuate throughout the term of the contract. This fluctuation may result from the removal of aged, non-repairable, past service life, or past useful life equipment from the service contract, and the addition of new, warranty free equipment or equipment currently on inventory.

6. Authority Cited: 41 U.S.C. 1901 OR 41 U.S.C. 1903

(a) FAR 13.106-1(b)(1)(i): Only one source reasonably available (e.g., urgency, exclusive licensing agreement, brand name or industrial mobilization); OR

(b) FAR 13.106-1(b)(1)(ii): Only one source can provide a portion of the purchase that is a particular brand-name item; OR

(c) FAR 13.501(a)(1)(i): Only one source reasonably available (including brand name); OR

(d) FAR 13.501(a)(1)(ii): Only one source can provide a portion of the purchase that is a particular brand-name item.

7. Reason for Authority Cited This requirement is essential for AFMES DFT to maintain operation capabilities. The AFMES DFT mission provides toxicological examination for military autopsies, aircraft incidents, criminal investigations (including drug-facilitated sexual assaults and DUI/DWI), fitness-for-duty inquiries, and selected cases of national interest. Each year the DFT processes more than 15,000 cases, many of which directly affect operational readiness and/or national security. The results obtained from these instruments require exacting accuracy and precision. Sciex is the Original Equipment Manufacturer (OEM) and is the only authorized party to provide maintenance. Sciex has direct expertise to insure the high reliability in operation and reporting for their equipment. OEM field service representatives are directly trained and updated on new procedures. Delays in repairs impact the timing of result release that impact DFT accreditation. Due to the nature of DFT’s mission and the exactness required in performing various drug screening/testing procedures, it is imperative that AB Sciex LLC be awarded this contract to ensure the instrument’s performance, calibration, and functionality are not compromised during any equipment maintenance services.

Awarding this requirement to AB Sciex LLC will allow direct access to telephone support and scheduling, which will have a significant decrease of instrument downtimes and ensure the DFT will be able to continue to support their DoD missions.

Failure to award this requirement to AB Sciex LLC could invalidate current standardized analytical drug testing procedures. This type of stoppage would be detrimental to all military contributors worldwide and delay the release of death certificates, ground flight crews involved in mishaps, and delay all criminal and fit for duty investigations.

Failure to award this contract immediately could lead to suspended laboratory testing which impacts missions throughout the DoD.

8. Efforts to obtain Competition: The equipment must be maintained within the original equipment manufacturer (OEM) specifications, in like new or better condition; therefore, no effort will be made to solicit offers from any other potential sources as there is only one known source capable of providing the required equipment maintenance service. No effective competition is anticipated.

a. Effective competition: No competition is available for the required equipment as AB Sciex LLC is the manufacturer and only source that can completely satisfy this requirement.

b. Subcontracting competition: Not applicable.

9. Actions to remove or overcome barriers Competition Not applicable. AB Sciex LLC is the only company that can provide the required equipment maintenance services required by AFMES DFT, while ensuring the instrument’s performance, calibration, and functionality are not compromised. A Notice of Intent to Sole Source will be posted to FedBizOps for 15 days.

10. Market Survey Based on Market Research, AB Sciex LLC is the OEM and the only company that can provide the required maintenance services, while ensuring the instrument’s performance, calibration, and functionality are not compromised. Market research included searches on the internet and previous contract history. No other company is able to provide maintenance on Sciex equipment as they have no authorized third parties to perform this service.

11. Interested Sources To date no other source has expressed an interest in the acquisition.

12. Procurement History and any other facts:

Previous Contract: N/A Previously competed: N/A Previous authority for less than Full & Open Competition: N/A

13. Technical / Requirements Certification I certify that the support data under my cognizance which are included in this SSJ are accurate and complete to the best of my knowledge and belief.

14. Contracting Officer Certification and Approval I certify that this justification is accurate and complete to the best of my knowledge and belief. Based upon the facts described herein, I hereby determine that the anticipated price/cost to the Government will be fair and reasonable utilizing the price analysis techniques in FAR 13.106-3(a)(2), and a determination of price reasonableness will be documented and placed in the contract file.

I certify that this justification is accurate and complete to the best of my knowledge and belief.

15. I hereby determine this SSJ to be Legally Sufficient.

Approval

Based on the foregoing justification, I hereby approve the procurement of maintenance services contract for designated AB Sciex laboratory equipment on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901, as implemented by FAR 13.501(a)(1)(i), subject to availability of funds, and provided that the services described have otherwise been authorized for acquisition.