Notice of Intent to Sole Source Antiviral - Oseltamivir (Tamiflu)

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), intends to issue a sole source, firm-fixed price contract under the authority of FAR 6.302-1, "Only one responsible source and no other supplies or services will satisfy agency requirements." The Government intends to award to Genentech USA, Inc. at 1 DNA Way, South San Francisco, CA 94080 for the antiviral medicine Oseltamivir (trade name Tamiflu). DHS, Office of Health Affairs (OHA), requires this antiviral medicine for the DHS Antiviral Stockpile for pandemic and avian influenza preparedness. The stockpile is needed in order to have a readily available supply of medicine to protect DHS personnel in the event of a pandemic to ensure the continuity of its essential services and overall critical mission. The medicine must be approved by the Food and Drug Administration and demonstrated by the Centers for Disease Control to be effective in treating Influenza A, H1N1 Influenza and H5N1 Avian Influenza. Market research has shown that no other known contractors presently exist who could get the necessary CDC/FDA approvals to produce the product in sufficient quantities and deliver it in time to meet the current requirement. This notice of intent is not a request for competitive proposals. The Government does not anticipate receiving responses to this notice of a non-competitive action. If parties choose to respond, any cost associated with preparation and submission of data or any other cost incurred in response to this announcement are the sole responsibility of the respondent and will not be reimbursed by the Government. The point of contact for this purchase is listed below. A determination by the Government not to open the requirement to competition based upon the responses to this notice is solely within the discretion of the Government. The ordering period of the resulting contract will include a 12-month base and four (4) 12-month options.