Updated_Redacted_Chemical_Justification_(1).pdf

Version 2, MAY 2018 PREVIOUS VERSION IS OBSOLETE

I. General Information

a. The purpose of the justification document is to ensure the requiring activity and contracting office have thoroughly evaluated the requirement and have considered all possible alternatives prior to deciding to restrict competition.

b. This is a legal document and will be made part of the official contract file. Ensure it is completed accurately and professionally.

c. The requiring activity is responsible for completing the first part of the document through Section 6. The contracting office verifies and completes the rest of the information.

d. Before submitting to the contracting office, the requiring activity should remove the instructions in “red” within the document. The below information is guidance supplemental to those instructions and is meant to aid the preparers in adequately completing the document.

e. References to the Federal Acquisition Regulations (FAR) can be accessed at: http://farsite.hill.af.mil

II. Authorities to Limit Competition- For purchases not exceeding the simplified acquisition threshold (SAT), contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available* (e.g. urgency, exclusive licensing agreements, brand name, or industrial mobilization).

*The FAR states that contracting without providing for full and open competition shall not be justified on the basis of a lack of advance planning by the requiring activity.

a. Sole Source: FAR 13.106-1(b)(1)(i) Soliciting from a single source- Select this authority when procuring requirements on the basis of urgency, exclusive licensing agreements, brand name or industrial mobilization.

b. Brand Name: FAR 13.106-1(b)(1)(ii) Brand name specification- Select this authority when a single source is identified to provide a portion of a purchase because that portion specifies a particular brand-name item. The documentation should state it is veering only the portion of the acquisition which is brand-name.

c. Brand Name or Equal*: If the commodity or service required meets the criterion for a Brand Name or Equal competitive action- STOP. This justification is not required.

*See supplemental information at the end of this instructions document.

III. Estimated Value (inclusive of options):

a. This justification template is only appropriate for use below the Simplified Acquisition Threshold, $250,000.

b. Estimated value needs to be the total of the basic requirement plus any option years or option quantities.

IV. Form Completion

Section 1- Name of proposed sole source contractor or brand name manufacturer

Section 2- Brief description of supplies or services required and the intended use:

a. In layman’s terms, briefly describe the services or supplies to be provided, including make & model number where appropriate. Include quantities of supplies or period of performance for services. Provide information for any options included. If the action is a modification to an existing purchase order, distinguish clearly between the work covered by the basic order and the work to be obtained by the proposed modification.

b. General description of requirement- do not go into justification rationale here.

COMPLETION INSTRUCTIONS for:

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION for

SIMPLIFIED ACQUISITIONS VALUED BELOW $250K

http://farsite.hill.af.mil/

Section 3- Unique salient characteristics that limit availability to only one source, with the reason no other supplies or services can be used:

a. Explain factors/unique qualifications such as proprietary data or exclusive licensing rights, if applicable.

b. If brand name, explain why an adequate purchase description or other information suitable to solicit by full and open competition has not been developed or are not available.

Section 4- Reason why contractor is the only source capable of meeting mission requirements; specifically, the reason no other source can meet the unique capabilities in section 3:

a. Has the vendor provided a statement verifying the unique/specialized/proprietary nature of the requirement?

b. Follow-On Contracts: Defined as a separate, new contract action for which the price and terms are non-competitively negotiated with the incumbent contractor to continue or augment a specific program which is necessitated by prior procurement decisions. Discuss how the sole source action will avoid duplication of costs that is not expected to be recovered through competition, or discuss the unacceptable delays to the government. Provide an estimate of the costs that will be duplicated and explain how such estimate was derived.

c. If urgency is the basis for the justification, explain the chronological events leading up to the requirement and explain why time constraints cannot permit even a limited competition. Describe impact of required delivery/performance date. Describe the detrimental effects/serious injury to the mission of the requiring activity or to the government, financial or otherwise, that will result if this justification is not approved and the product or service cannot be provided by the intended sole source contractor.

Section 5- Market Research:

a. Reference FAR Part 10

b. Describe the extent of the market research conducted to identify all qualified sources and the results thereof. "Market Research" is defined as those attempts you made to ascertain whether other qualified sources exist, and can include contact with knowledgeable experts regarding similar or duplicate requirements, contact with industry, results of a sources sought synopsis, or draft solicitations. Research of the marketplace may consist of written, telephonic, or world wide web inquiries.

c. Procurement History: Identify contract numbers and whether those actions were competed or not.

Section 7- Actions to Increase Competition (for completion by ACC-APG Acquisition Personnel):

a. What supplemental market research has been done?

b. Has a sources sought, RFI, or notice of intent been posted?

c. Have any contractors identified their interest in this requirement?

d. Has the proposed contractor been contacted for verification of the information presented?

e. Have resellers/distributors been researched and identified?

f. Have the mandatory sources of FAR Part 8 been screened? (FPI/UNICOR, AbilityOne, GSA, FSS)

Brand Name or Equal (FAR 11.104)-

- Brand name or equal purchase descriptions must include, in addition to the brand name, a general description of those salient physical, functional, or performance characteristics of the brand name item that an “equal” item must meet to be acceptable for award.

- Use brand name or equal descriptions when the salient characteristics are firm requirements.

- The below chart details the difference between “Brand Name or Equal” and “Brand Name” actions under $250K:

Brand Name or Equal Brand Name Does NOT require a “Justification” Does require a “Justification”

Does not limit competition/Provides for greater competition

Does limit competition

Informally describe salient characteristics (via email, memo, etc.) in written form.

Formally describe salient characteristics via a “Justification”

No specific format Use Justification for Other Than Full and Open Competition for Simplified Acquisitions <$250K

Allows for “or equal” similar/comparable items Must supply specific item (part number, model number, serial number etc.)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION for

SIMPLIFIED ACQUISITIONS VALUED BELOW $250K

☐ FAR 13.106-1(b)(1)(i) Soliciting from a single source ☐✔ FAR 13.106-1(b)(1)(ii) Brand name specification

PURCHASE REQUEST NUMBER:

11338599

DESCRIPTION OF ACTION:

☐ ✔ New Requirement

☐ Modification

ESTIMATED VALUE (inclusive of options):

$ 150,000

FUND TYPE: YEAR:

O&M (2020) FY 2019

1. NAME OF PROPOSED SOLE SOURCE CONTRACTOR / BRAND NAME MANUFACTURER:

Government Scientific Source (GSS)

2. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED AND THE INTENDED USE:

The Contractor shall provide “Chemical” supplies to the U.S. Army Public Health Center (APHC) Lab with mission critical consumable supplies needed to sustain the basic operations of the APHC-LS lab. The Consumable Chemical Supplies include; bulk chemicals, spikes and standards that are all required to perform laboratory analysis in support of APHC projects throughout the world.

3. UNIQUE SALIENT CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH THE

REASON NO OTHER SUPPLIES OR SERVICES CAN BE USED:

These items have been deemed a quality critical chemical supply through the APHC Quality management system under the ISO 17025 laboratory accreditation program standards. They have been evaluated, reviewed, tested and been deemed acceptable for use within the APHC laboratory for the processing and analysis of laboratory samples.

4. REASON WHY CONTRACTOR IS THE ONLY SOURCE CAPABLE OF MEETING MISSION REQUIREMENTS;

SPECIFICALLY, THE REASON NO OTHER SOURCE CAN MEET THE UNIQUE CAPABILITIES IN SECTION 3:

The laboratory has evaluated and approved these quality critical chemicals from this brand name source to be used in the analysis of chemical contamination in samples. No other sources meet these criteria under the ISO 17025 lab accreditation program for the APHC laboratory use.

Is this a follow-on contract? yes☐ no☐✔ If yes, provide contract number:

5. MARKET RESEARCH:

The APHC laboratory staff continually monitors the market for new or equivalent technologies and chemistries that would meet the quality critical needs of the laboratory. If the market research yields chemicals that meet the critical quality requirements of the laboratory, the government would be happy to entertain other brands of chemicals

6. TECHNICAL CERTIFICATION:

I certify that the supporting data under my cognizance, which is included in the sections above, is accurate and complete to the best of my knowledge and belief.

NAME AND TITLE OF CUSTOMER

Heidi L. Taylor, APHC Contracts Manager

DIGITAL SIGNATURE

TAYLOR.HEIDI.L Digitally signed by

TAYLOR.HEIDI.LYNN.122897726

YNN.1228977264 4

Date: 2019.06.04 13:30:31 -04'00'

EMAIL ADDRESS

Heidi.L.Taylor10.civ@mail.mil

DATE

20190604 mailto:Heidi.L.Taylor10.civ@mail.mil

7. ACTIONS TO INCREASE COMPETITION (For Contracting Personnel Use):

Describe efforts made to compete the action, including whether a notice was or will be publicized as required by FAR Subpart 5.2 or which exception under FAR 5.202 applies.

For Example:

Posting information for a sources sought to include posted date, close date and results.

MARKET RESEARCH COMPLETED:

Suggested methods to validate sole sources are as follow:

Dynamic search of the World Wide Web (www.) utilizing www.google.com (using key word or part number search) results should be documented to include .pdf prints of the results Mandatory source:

GSA Advantage https://www.gsaadvantage.gov/advantage/main/start_page.do CHESS https://chess.army.mil/

Call Log:

Submitted with date time and contact of discussion with vendors (highly recommend email correspondence documentation with vendors).

8. CONTRACT SPECIALIST/PURCHASING AGENT REVIEW: COMPETE

I have done my due diligence in verifying the information presented above by the requiring activity and have attempted to obtain competition to the maximum extent practicable.

NAME OF REVIEWER

Charrissa Stancell

DIGITAL SIGNATURE

STANCELL.CHARR

Digitally signed by

STANCELL.CHARRISSA.M.104393

ISSA.M.1043934500 4500

Date: 2019.06.05 08:55:15 -04'00' charrissa.m.stancell.civ@mail.mil

06/05/19

9. ENDORSEMENT OF THE ACC-APG TENANT DIVISION CONTRACTING OFFICER

I hereby ☐approve / ☐disapprove this justification in accordance with the authority cited on this document.

Approval is based on the availability of funds and provided that the services and property herein described have been otherwise authorized for procurement.

NAME OF CONTRACTING OFFICER

Sharon A. Gary

DIGITAL SIGNATURE

GARY.SHARON Digitally signed by

GARY.SHARON.A.1019287978

.A.1019287978 Date: 2019.06.11 08:36:06 -04'00' sharon.a.gary.civ@mail.com

6/11/2019 http://www.google.com/ http://www.gsaadvantage.gov/advantage/main/start_page.do mailto:charrissa.m.stancell.civ@mail.mil mailto:sharon.a.gary.civ@mail.com

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