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J&A

General Information

Document Type:PRESOL
Posted Date:Sep 14, 2017
Category: Instruments and Laboratory Equipment
Set Aside:N/A

Contracting Office Address

Department of the Army, Army Contracting Command, MICC, MICC - Fort Gordon, 419 B St., Bldg 29718, 3rd Floor, Fort Gordon, Georgia, 30905-5719, United States

Description

Control No. MICC 2017-76 Contractor: Life Technologies Program: Forensic Supplies Version - March 2017 FOR OFFICIAL USE ONLY 1 JUSTIFICATION REVIEW DOCUMENT FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS - SOLE SOURCE JUSTIFICATION AND APPROVAL Program/Equipment: Defense Forensic Science Center Life Technology Supplies BPA Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5. Amount: $ 6,900,000.00. Total estimated cost of the effort to include option years. Prepared by: DFSC COR Date: 8 Feb 2017 Email: Contracting Officer: Suzanne Mattingly DSN: 780-1833 Contracting Officer Date: 18 July 2017 Technical Requirements USACIL Deputy Director Date: 8 Feb 2017 Representative: Email: Management Representative: DFSC Chief of Staff Date: 8 Feb 2017 Email: Reviews: I have reviewed this justification and find it adequate to support other than full and open competition. Program Manager: ___________________________________ Date: See Digital Signature Local Small Business Specialist: DSN: ___________________________________ Date: See Digital Signature Control No. MICC 2017-76 Contractor: Life Technologies Program: Forensic Supplies Version - March 2017 FOR OFFICIAL USE ONLY 2 Legal Counsel: ___________________________________ Date: See Digital Signature Division Chief: ___________________________________ Date: See Digital Signature Director, MICC-Fort Gordon: ___________________________________ Date: See Digital Signature Deputy Assistant Director, Small Business Program: ___________________________________ Date: See Digital Signature MICC Office of Counsel ___________________________________ Date: See Digital Signature Control No. MICC 2017-76 Contractor: Life Technologies Program: Forensic Supplies Version - March 2017 FOR OFFICIAL USE ONLY 3 FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items - Sole Source Justification and Approval 1. Contracting Activity: Mission and Installation Contracting Command - Ft Gordon, 419 B Street, Building 29718, Fort Gordon, GA 30905-5719 2. Description of Action: The Defense Forensic Science Center Office of the Chief Scientist requests a firm-fixed-price, Blanket Purchase Agreement established with Life Technologies Corporation. The Government projects award for August 2017. Operations and Maintenance, Army funds will be used for the individual calls issued. The estimated minimum order will be $35,000, and the total ceiling for the five year period will be $6,900,000. 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). This action is a follow-on to contract W91249-12-A-0004. That contract was not competed under authority 10 U.S.C. 2304(c)(1) as implemented by FAR Part 6.302-1. Paragraph, "Actions to Increase Competition" of the previous justification, stated: To promote competition, MICC Ft Gordon will continue to synopsize and conduct market research to ensure there are no other vendors that distribute these products. MICC Ft Gordon will continue to verify that the supplies are proprietary to Applied Biosystems. Those actions were accomplished by the issuance of Sources Sought Notices and continued market research. Market research consists of internet research, literature reviews and face to face discussions with vendors, and other professional resources attending forensic science and technology conferences and industry events. 3. Description of Supplies/Services: The contract will deliver commercial off-the-shelf laboratory supplies, including kits, reagents, and consumable supplies for forensic instruments. The consumables to be ordered are listed on the Life Technology quote dated 1JUN17. Consumables will be delivered upon request. Vendor intends to give new price quote for period starting 1 April 2018 and there will be a modification for the new prices. The contract will be awarded for a five year ordering period. Ordering Period: 14 SEPT 2017 to 13 SEP 2022 Total Ceiling Value: $6,900,000 4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.501(a), Only one reasonable source is available. 5. Reason for Authority Cited: Control No. MICC 2017-76 Contractor: Life Technologies Program: Forensic Supplies Version - March 2017 FOR OFFICIAL USE ONLY 4 a. The Defense Forensic Science Center (DFSC) located at the Gillem Enclave in Georgia, provides forensic laboratory services to the Department of Defense investigative agencies and other Federal law enforcement agencies. The US Army Criminal Investigation Laboratory DNA Branch, USACIL CODIS (Combined DNA Index System) Branch, the Office of the Chief Scientist and the Forensic Expeditionary Division DNA Branch currently employs the 7500 Real-Time PCR System instrument, the AB 3500XL Genetic Analyzer Human Identification (HID) system and supplies produced and marketed by Life Technologies. The instruments and supplies are used to identify human DNA in forensic samples. The purchasing of these supplies will ensure continuity of International Organization for Standardization (ISO) 17025 ANSI-ASQ National Accreditation Board accredited processes at DFSC. Life Technologies Corporation holds the patent on Applied Biosystems DNA analysis kits and consumable supplies and is the only company that is authorized to market the requested Applied Biosystems DNA analysis kits and consumable supplies. b. Alternatives: 1) Award to another vendor or manufacturer of consumable supplies for forensic instruments with similar specifications and characteristics. There are no alternatives for Applied Biosystems DNA analysis kits and consumable supplies. If automated DNA extraction supplies were purchased from a different vendor, those supplies and protocols would have to be subjected to a lengthy and costly validation process before use and demonstrate the ability to provide the quality of DNA extraction results obtained from the Life Technology supplies. 2) Not to Issue an Award. c. Failure to obtain approval of this J&A will result in DFSC not being able to obtain supplies required to maintain ISO laboratory processes for mission critical criminal and sexual assault investigations. 6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201. A Sources Sought Notice was issued on 1 August 2017. No responses were received. 7. Actions to Increase Competition: A Sources Sought Notice was issued on 1 August 2017. No responses were received. DFSC scientists are continually researching sources of information and services to enable forensic examiners to conduct effective and reliable examinations. Market research consists of internet research, literature reviews and face to face discussions with vendors, and other professional resources attending forensic science and technology conferences and industry events. If DFSC identifies a similar requirement, every effort will be made to compete it to the maximum extent possible. Control No. MICC 2017-76 Contractor: Life Technologies Program: Forensic Supplies Version - March 2017 FOR OFFICIAL USE ONLY 5 8. Market Research: Market research was conducted through internet inquiries and also on the General Services Administration (GSA) Advantage web site to determine if required products are available through Federal Supply Schedules (FSS). A search in November 2016 and again in February 2017 for Life Technology instrument consumable supplies and kits revealed that there are no vendors that currently hold a FSS that appear to distribute Life Technology consumable products through GSA Advantage. Market survey inquires via emails identified Life Technology as the only distributor of the required products. A Sources Sought Notice was issued on 1 August 2017. No responses were received. The vendor has provided a sole source letter. 9. Interested Sources: To date, no other sources have written to express interest in the acquisition. 10. Other Facts: If Life Technologies Corporation is not selected as the provider for the requested DNA consumable supplies, DNA analysis at USACIL will not be supported by Life Technologies Corporation when a problem occurs with the instrument operation or the quality of the data produced by those instruments.. a. Procurement History: • Contract: W91249-12-A-0004 • Contractor: Life Technologies, Inc. • Award Date: 2 April 2012 • Value: $7,200,000.00 • Competitive Status: FAR 6.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements b. A notice was publicized on FedBizOps as required by FAR 5.201 on 22 December 2011. No firms expressed an interest in this procurement effort. To promote competition, MICC Ft Gordon will continue to synopsize and conduct market research to ensure there are no other vendors that distribute these products. MICC Ft Gordon will continue to verify that the supplies are proprietary to Applied Biosystems. Control No. MICC 2017-76 Contractor: Life Technologies Program: Forensic Supplies Version - March 2017 FOR OFFICIAL USE ONLY 6 11. 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. ___________________________________ Date: See Digital Signature USACIL Deputy Director 12. Management Review/Approval: The requirement herein described is a valid requirement for the activity named in this justification. The technical and requirements information contained in this justification represent the minimum needs of the Government. The only way to satisfy this requirement is by limiting the competition as described herein. ___________________________________ Date: See Digital Signature DFSC Chief of Staff 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 price analysis. 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. ___________________________________ Date: See Digital Signature Suzanne Mattingly Contracting Officer 14. Procuring Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief. ___________________________________ Date: See Digital Signature Suzanne Mattingly Contracting Officer Control No. MICC 2017-76 Contractor: Life Technologies Program: Forensic Supplies Version - March 2017 FOR OFFICIAL USE ONLY 7 Approval Based on the foregoing justification, I hereby approve the procurement of laboratory Consumables from Life Technologies Inc. for an estimated ceiling amount of $6,900,000.00 on an other than full and open competition basis pursuant to the authority of Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.501(a), subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition. ____________________________________________ Special Advocate for Competition US Army Mission and Installation Contracting Command, Ft Sam Houston TX

Original Point of Contact

POC Patricia Early, Phone: 7067911829CNT W91249-17-A-0007DTD 091417

Place of Performance

Address:
Gillem Enclave, Forest Park, Georgia, United States
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