JUSTIFICATION AND APPROVAL
FOR OTHER THAN FULL AND OPEN COMPETITION
1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY:
Requiring Activity: Commander,
Naval Medical Center Portsmouth
Materiel Management Department
Contracting Division, Bldg #250
54 Lewis Minor Street
Portsmouth, Virginia 23708
Contracting Activity: Commanding Officer
NAVSUP Fleet Logistics Center Norfolk
Acquisition Department, Code 200
Norfolk, Virginia 23511-3392
Requisition Number: N0018312RQSU001
2. NATURE/DESCRIPTION OF CONTRACT ACTION: This is a non-competitive action submitted for
approval to award a contract for annual maintenance services on six (6) chemical and plasma sterilizing units to
Advanced Sterilization Products (ASP) in support of the Naval Medical Center Portsmouth, Main Operating Room
and Ambulatory Surgery Center. The current contract expires on 30 September 2011.
The period of performance for this requirement will be 01 October 2011 through 30 September 2012, with four (4)
12 month option periods.
3. DESCRIPTION OF REQUIRED SUPPLIES/SERVICES: The proposed acquisition is to provide annual
maintenance services for Sterrad chemical and plasma sterilizing units in accordance with the performance work
statement. The plasma sterilizers are for housing wrapped and dry instruments and devices for sterilization using
hydrogen peroxide vapor and low-temperature gas plasma to sterilize devices quickly with no toxic residues.
4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL & OPEN COMPETITION: Section
4202 of the Clinger-Cohen Act of 1996, a sole source acquisition under the authority of the Test Program for Certain
Commercial Items, as implemented by FAR 13.501(a).
5. RATIONALE JUSTIFYING USE OF THE CITED STATUTORY AUTHORITY: ASP is the only known
source that can meet the Government’s requirement. ASP certified engineers are the only capable technicians to
perform maintenance on the Sterrad Plasma Sterilizers. Unauthorized maintenance on this equipment will void the
warranty. In addition, all replacement parts needed to perform required maintenance are proprietary and only
available through ASP. Naval Medical Center Portsmouth currently has over $629,603.00 invested in Sterrad
chemical and plasma sterilizers. It would cause undue hardship to the government and excessive additional cost to
procure new equipment.
6. DESCRIPTION OF EFFORTS MADE TO SOLICIT OFFERS FROM AS MANY OFFERORS AS
PRACTICABLE: In accordance with FAR 5.201(b), the proposed award will be synopsized on the Navy
Electronic Business Opportunities (NECO) website as sole source to ASP.
7. DETERMINATION OF FAIR AND REASONABLE COST: The Contracting Officer will make a
determination of fair and reasonableness of price based upon price analysis of the contractor’s quote as it compares
to previous purchase history or published price list of the same or similar items in accordance with FAR 13.106-3.
8. ACTIONS TAKEN TO REMOVE BARRIERS TO COMPETITION: All future requirements will be
handled on a case-by-case basis.
9. CONTRACTING POINT OF CONTACT: The point of contact at the NAVSUP Fleet Logistic Center Norfolk
is Ms. Chandra Brinkley, who can be reached at (757) 443-1442, or by email at Chandra.Brinkley@navy.mil.