BLOOD PRODUCTS

MEMORANDUM FOR FILE Date: October 25, 2011 From: Lacey Gholson, Administrative Officer Subject: Justification and Approval for Other Than Full and Open Competition IAW FAR 6.302-2 To: Barbara Taylor, Contracting Officer 1. AGENCY IDENTIFICATION AND CONTRACTING ACTIVITY The National Institutes of Health (NIH), Clinical Center (CC), Transfusion Services Laboratory (TSL), has a need to approve a "Justification for Other Than Full and Open" requirement in accordance with FAR 6.3, Other Than Full and Open Competition. This urgent and compelling procurement action in accordance with IAW FAR 6.302-2 is based on the need to contract blood and blood products to be used in patient care testing. 2. NATURE AND/OR DESCRIPTION OF THE ACQUISITION BEING APPROVED Approval of a purchase order for National Blood Exchange (NBE)/American Association of Blood Banks (AABB) is needed for the continuation of the provision of blood and blood products for the patient care community. 3. DESCRIPTION OF THE SUPPLIES AND SERVICES REQUIRED TO MEET THE AGENCY'S NEEDS Blood is the red fluid consisting of plasma, red and white blood cells and other cells which circulates through the heart, arteries, and veins of vertebrates to provide life. Blood and blood products are used for patients in the NIH Clinical Center and are oftentimes for the use of ill to critically ill patients. It is NOT possible to estimate the type(s) or quantities of blood/blood products needed for the patient community due to short turn-around needed on items. The estimated value of this obligation/purchase order will be $199,000. This needs to be awarded by November 1, 2011 due to the urgency of blood and blood products needed to ensure no disruption in providing transfusion services for the NIH Clinical Center patient care community. The estimated period of performance for blood and blood products delivery is November 1, 2011 to January 31, 2012. 4. IDENTIFICATION OF STATUTORY AUTHORITY The requirement will be solicited under citation 10 U.S.C. 2304(c) (2), 41 U.S.C. 253(c) (2) and FAR 6.302-2: Unusual and compelling urgency 5. DEMONSTRATION THAT THE PROPOSED CONTRACTOR'S UNIQUE QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED The proposed vendor is NBE/AABB of Bethesda, MD. When insufficient blood/blood products are on the shelf, this clearinghouse seeks availability and arranges for the blood and blood products to come from various approved blood banking facilities all over the U.S. to the NIH CC TSL. It is then brought into the inventory of the TSL and distributed to the floor to be transfused to the patient(s). This saves TSL staff substantial time and resources to locating suitable sources for blood and blood products. 6. A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS PRACTIABLE At this current time, it is not practicable to solicit offers for the blood/blood products described in Item 3 above due to the urgency of the requirement and the short turn-around in time available to acquire needed items for patient care. IAW FAR 5.202(a)(2), an Intent to Sole Source and synopsis will not be posted to www.fbo.gov. The proposed contract action is made under the conditions described in FAR 6.302-2 (Unusual and Compelling Urgency). Also, this purchase is conducted using simplified acquisition procedures, and the unusual and compelling urgency precludes competition to the maximum extent practicable. The Government would be seriously injured in addressing critical patient care if the agency complies with the time periods specified in FAR 5.203. 7. DEMONSTRATION THAT THE ANTICIPATED COST WILL BE FAIR AND REASONABLE The Government anticipates that the proposed cost will be fair and reasonable in accordance with FAR 15.404-1(b)(ii). 8. DESCRIPTION OF MARKET RESEARCH CONDUCTED AND THE RESULTS OR STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED Due to the urgent and compelling requirement and impracticable nature and immediate need for blood and blood products, market research was not conducted. It is anticipated that the Government will issue a Sources Sought Notice by January 2012 to see if additional sources exist that meet the unique needs of TSL. If so, then the Government will consider at its discretion conducting a competitive acquisition over the long term if such vendors emerge that can provide blood and blood products meeting the unique needs/turn around time needed by TSL in conducting patient care. If not, then a sole source acquisition (base and option years) will be sought with the proposed vendor to ensure consistent, timely long-term delivery of essential blood and blood products to TSL. 9. OTHER FACTS SUPPORTING In accordance with FAR 6.302-2 (b) (2), the nature of harm that would be brought to NIH CC TSL is that if NIH does not have this in place, NIH CC patients could expire (die) or have their health severely impacted. Many of these patients are here at the NIH CC on research/testing due to their unique conditions/diseases. 10. ADMINISTRATIVE OFFICER/PROGRAM OFFICIAL CERTIFICATION "I certify that the facts and representations under my cognizance and which are included in this Justification and Approval are accurate and complete to the best of my knowledge and belief." /s/ _________________________ Lacey Gholson Administrative Officer 11. CONTRACTING OFFICER'S CERTIFICATION "I certify that the facts and representations under my cognizance and which are included in this Justification and Approval are accurate and complete to the best of my knowledge and belief." /s/ _________________________ Barbara Taylor Contracting Officer