Control Number W81XWH-1234-9876

Justification and Approval for Other Than Full and Open Competition Justification
  1. 1. Contracting Activity:  Specify the contracting activity responsible for this action:
  2. The Contracting Activity responsible for this action is the U.S. Army Medical Research Acquisition Activity.
  3. 2. Description of Action:  State whether approval is being requested for a new contract or a modification.  Include type of contract, type of funds to be used (R&D, OPA, OMA) and, when applicable, the estimated share and ceiling arrangements, and fee or profit.
  4. This approval is being requested for a new firm-fixed-price contract using R&D funds.
  5. 3.   Description of Supplies/Services:  Describe the supplies/services.  Include the estimated total value, including options, if any.
  6. The required services entail the performance of tests on saliva samples of Rhesus Pieces (RP) monkeys indigenous to the country of Brazil for the presence of dandelion weed particles.  The estimated value of this contract, including its proposed two one-year option periods, is $4,000,000.
  7. 4.   Authority Cited:  Identify the statutory authority permitting other than full and open competition, followed by the FAR citation, and FAR citation title.
  8. The statutory authority permitting other than full and open competition is 10 U.S.C. 2304©(1).  The FAR citation is 6.302-1 and the FAR citation title is only one responsible source and no other supplies or services will satisfy agency requirements.
  9. 5.   Reason for Authority Cited:  Describe how this action requires the use of the authority cited.  If applicable, identify the proposed or potential contractor(s), and include a discussion of the proposed contractor’s unique qualifications for fulfilling the contract requirements.  If the authority is 6.302-1, include the required delivery schedule and lead-time involved.  If the authority is 6.302-2, include the required delivery schedule and lead-time involved as well as a discussion of the serious injury to the Government which would result if award of a contract is delayed.
  10. The proposed contractor for this action is Patty’s Primate Services (PPS).  PPS is not uniquely qualified to perform tests on the saliva of RP pieces Brazilian monkeys for the presence of dandelion weed particles.  Several sources are capable of adequately performing these needed services.  In this instance, the services must be obtained from PPS as similar services were performed by PPS in 2002 for detecting the presence of
  11.                                                                        
  12. Control Number W81XWH-1234-9876
  13. chickweed particles in the saliva of the same genus of Brazilian primates.  The services rendered by PPS in 2002 and the now required services are both part of the United States Army Medical Research Institute of Infectious Diseases’ (USAMRIID’s) Research Project 111 entitled “Deriving the Mental Health Status of Brazilian RP Monkeys Based on Contents of Saliva Samples With Weed Particles”.  It is paramount that this research project’s results be scientifically sound and therefore capable of withstanding the greatest amount of scientific question and scrutiny.  The only way to insure the consistency and scientific merit of the tests is for them to be performed by the same source.  Minute differences in test results of this kind occur between sources.  Those small differences between vendors are enough to compromise the science. Therefore, the same source must perform all saliva tests throughout this research project.  It is anticipated that PPS will conduct tests on 120 – 150 samples a month and perhaps, during surge periods, as many as 1,000 samples per month.
  14. 6. Efforts to Obtain Competition:  Describe efforts to insure that offers are solicited from as many potential sources as is practicable.  Also describe the extent of effective competition anticipated for this acquisition:
  15. Not Applicable.  No effort will be made to solicit offers from as many potential sources as is practicable as there is only one source capable of performing the required services.  No effective competition is anticipated.
  16. 7.   Actions to Increase Competition:  There may be instances when it is not possible to compete the current acquisition.  Include a statement of the action taken, or to be taken, to increase competition (e.g., breakout) before any subsequent acquisition of the supplies or services.
  17. Should there be future Brazilian RP Monkey saliva testing to be conducted under USAMRIID Research Project 111, the technical and requirements personnel for the project will again contact the “World Primate Testing Institute”, as was done for this instant requirement, to ascertain if there is any way to breakout testing procedures for the project that would induce competition without compromising science.  Such a finding though is not expected.
  18. 8.   Market Research:  Describe the extent and the results of the market research (FAR Part 10) conducted to identify all qualified sources.  Research must have been meaningful and conducted within the previous 12 months.
  19. Fellow researchers at the Walter Reed Army Institute of Research as well as the University of Texas and the University of Southern France were contacted for their professional positions regarding the potential for obtaining competition for this Control Number W81XWH-1234-9876 requirement.  Each position of each researcher was that competition is not possible at this time.  Additionally, a formal request for information was published in two recognized scientific trade journals seeking opinions based on scientific findings that competition could be achieved for this effort.  No responses were received.   Finally, results from a research study on services conducted to detect the affability of North American peacocks after drinking several different kinds of fruit juices were reviewed.  The conclusion in that project was that no matter the kind of fruit juice administered to the peacock, the same firm had to do the testing so that precise, accurate affability levels could be measured and rendered for final opinions.  This kind of testing is virtually the same in context as the services to be provided by PPS.
  20. 9.   Interested Sources:  Include a list of the sources that have written to express interest in the acquisition.  If applicable, clearly state  “To date, no other sources have written to express an interest.”  If 10 U.S.C. 2304(c)(1) is the authority cited, explain why other sources were rejected.  Also, state that the notices required by FAR 5.201 shall be or have been published, and that any bids or proposals received shall be considered.  If a FEDBIZOPPS notice will not be published, state which exception in FAR 5.202 applies. 
  21. In accordance with FAR 5.207(c)(14), a notice was published in FEDBIZOPPS announcing the Government’s intent to acquire these Brazilian RP monkey saliva testing services on a non-competitive basis.  The announcement indicated the Government’s reasoning for accomplishing this award without competition.  One source, Moe’s Monkey Business (MMB) responded to the announcement claiming to have the ability to provide the needed services without compromising the science being developed.  After discussing the requirement with Dr. Rangatang from USAMRIID, Moe of MMB became convinced his firm could not provide adequate services and he retracted, in writing, his interest in this procurement.  If any proposals are received in response to the Request For Proposals, they will be considered.
  22. 10. Other facts:  Discuss any other facts supporting the use of other than full and open competition, such as the following:
  23. a. Procurement history.  Reasonable efforts to retrieve the following items from the computer records, contract files, competition advocate office files or other sources are expected:
  24. i.  Contract numbers and dates of the last several awards.
  25.             DAMD17-02-C-6543
  26. ii.  Competitive status of these actions.
  27. Control Number W81XWH-1234-9876
  28. This action was accomplished on a competitive basis.
  29. iii.  Authority previously used for less than full and open competition.
  30. Contract DAMD17-02-C-6543 was awarded on a competitive basis so there was no authority cited for less than full and open competition.
  31. iv.  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.
  32. This is not applicable as the previous procurement was competed.
  33. v.  If any prior award was accomplished by full and open competition, a detailed explanation of the changed circumstances.
  34. As previously mentioned, the award of Contract Number DAMD17-02-C-6543 in 2002 for similar services, but specific to testing saliva samples for the presence of chickweed particles, was competed.  At that time, USAMRIID Research Project 111 did not envision the future testing of Brazilian RP monkeys for the presence of dandelion weed particles.  When the scientific decision was made to continue the project in 2005 by testing the same genus of monkeys for dandelion weed particles, it became a necessity that the services be provided by the same contractor for validity of results purposes.
  35. vi.  An explanation of any unusual patterns which may be revealed by the history, e.g., several consecutive urgent buys.
  36. Not applicable.
  37. vii.  If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the buy and whether there have been any significant changes.
  38. Not applicable.
  39. b.  Acquisition data availability.  Explain why technical data packages, specifications, engineering descriptions, statements of work or purchase descriptions suitable for full and open competition have not been developed or are not available.  Describe actions taken or planned to remedy this situation.
  40. A statement of work suitable for full and open competition can be developed for this procurement.  It is not being competed because in order to maintain the merit and validity of scientific research, there is only one source that can render the service.
  41.  Control Number W81XWH-1234-9876
  42. c.  Unusual and compelling urgency.  When FAR 6.302-2 is cited, provide data, estimated cost or other rationale to explain the nature and extent of the injury to the Government.  If the delay associated with the requirement for first article testing is the principal reason for not awarding the contract on a full and open basis, clearly describe the reasons that first article testing is required on this procurement and why other means of assuring quality are not being used.
  43. Not applicable.
  44. d.  Subcontracting competition.  In single source situations, address efforts to be taken by the Government to assure that the prime contractor obtains as much competition as possible in its subcontracting.
  45. Not applicable.
  46. 11.  Technical Certification:  Include the following statement:
  47. I justify 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.
  48. Typed Name: Date:
  49. Dr. Rose Pedal     18 May 2005
  50. Title: Signature:
  51. Primate Research Specialist.
  52. 12.  Requirements Certification:  Include the following statement:  I certify that the following data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.
  53. Typed Name: Date
  54. :  Dr. Ronnie Rangatang  18 May 2005
  55. Title: Signature:
  56. Chief, Primate Research Division.
  57. 13.  Fair and Reasonable Cost Determination:  Include the following determination:
  58. I hereby determine the anticipated cost to the Government for this contract action will be fair and reasonable.
  59. Provide the basis for this determination (e.g., describe techniques to be used to determine fair and reasonable price, such as cost analysis, price analysis, audit, should cost, independent Government estimate, etc.).
  60. The price established for the required services will be determined to be fair and reasonable.  In is anticipated the price analysis technique of comparing the proposed price with previous prices for same or similar services will be utilized.
  61. Control Number W81XWH-1234-9876
  62. Typed Name: Date:
  63. Deo D   19 May 2005
  64. Title: Signature:
  65. Contracting Officer
  66. 14.  Contracting Officer Certification.  This certification shall be made by the Contracting Officer from this justification and approval.  Include the following statement:
  67. I certify that this justification is accurate and complete to the best of my knowledge and belief.
  68. Typed Name: Date:
  69. Deo Dorant
  70. Title: Signature:
  71. Contracting Officer
  72.                                                             Approval
  73. Based on the foregoing justification, I hereby approve the procurement of the services to test the saliva of Brazilian RP monkeys for the presence of dandelion weed particles on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(1) only one responsible source and no other supplies or services will satisfy agency requirements), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.
  74. Date: 
  75. 20 May 2005
  76. Signature: