A.02_J&A - Sole Source Lucira Test Kits KO.pdf

NWP OJL-22-0010

Justification and Approval for Other than Full and Open Competition

1. Contracting Activity

U.S. Army Corps of Engineers (USACE) – Portland District (NWP), Supplies and Services Branch (CECT-NWP-S), located at 333 SW 1st Avenue – Portland, OR 97204.

2. Description of Action

Request for approval, a new Firm-Fixed-Price (FFP) supplies contract for procurement of Lucira COVID-19 Test Kits for the dredges Essayons and Yaquina.

3. Description of Supplies/Services

Supplies to be furnished include 1400 Lucira Check-It COVID-19 Test Kits, with an option for an additional 1200, that have an accuracy above 90% and are a one test required at home kit.

Estimate for this procurement is $98,800.00.

4. Authority Cited

FAR 13.106-1(b)(1)(i) – Soliciting from a Single Source, Brand Name.

5. Reason for Authority Cited

Background: The dredge crews work in very close quarters which can spread the virus rapidly and shut down dredging operations.

Justification: The Lucira Test Kits give a result on the spot withing 30 minutes, no other test kit manufactured in the U.S. can provide a result in 1 test with this accuracy. Multiple test type kits require two tests over 48 hours before confirmation of a positive or negative result putting employees and the mission at higher risk.

Impact: Without the single test the ship is at risk of ceasing operations for two days while awaiting the second test in the multiple test type kits.

Alternatives: There are no current, acceptable alternatives presently manufactured in the U.S.

and each day the dredges do not operate USACE loses $215,000 for the Essayons and $120,000 for the Yaquina. Each ship would have to cease operations while awaiting test results for 48 hours between the tests equaling $430,000 for the Essayons and $240,000 for the Yaquina. The only alternate product that meets the scientific requirements is Flowflex; however, this product is manufactured in China, which is not a Qualifying country under the Buy American Act.

6. Efforts to Obtain Competition

Requirement was previously solicited for single use test kits and only one manufacturer in China met the requirements. Pending solicitation will be competitively solicited amongst those who can provide the brand-name sole source product.

7. Actions to Increase Competition

Not applicable due to testing requirements.

8. Market Research

Market research was conducted to determine if there were any other single use test kits that could provide a precise result within one hour. Lucira and one other test kit were identified but the other has stopped manufacturing the product. Therefore, a competitive solicitation was issued on GPE, which did not receive any products that could meet the requirements. A notice of intent to sole source for Lucira Check-It COVID-19 Test kits was posted for over 15 days, with numerous small businesses showing interest to provide Lucira’s test kits. Therefore a 100% total small business set aside will be solicited on GPE competitively under the Brand-Name sole source requirement.

9. Interested Sources Many small businesses were interested in providing the brand name product.

10. Other Facts

Procurement History:

Lucira Test kits were previously purchased using GPC but due to the cost exceeding the threshold and ongoing requirement a contracting action is required.

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.

NAME: Bill Sherman

TITLE: Chief of Dredge Operations SIGNATURE:___________________________

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.

NAME: Bill Sherman TITLE: Chief of Dredge Operations SIGNATURE:___________________________

13. Fair and Reasonable Cost Determination

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable based on the procurement history and pricing of COVID-19 test kits.

NAME: Patrick P. Collins TITLE: Contracting Officer SIGNATURE:___________________________

14. Contracting Officer Certification

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

15. Approval

Based on the foregoing justification, I hereby approve the procurement of COVID-19 Test Kits, on an other than full and open competition basis pursuant to the authority of FAR 13.106-1(b)(1)(i), subject to the availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.