A.02.04_Redacted_J&A_NOVII_.pdf

Control No: 19-RHCO-C-0325

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: Regional Health Contracting Office-Central

36001 Darnall Loop, RM 139 Fort Hood, Texas 76544

2. Description of Action:

Nature: ☒ New Requirement ☐ Follow-on Requirement

Contract Vehicle: ☒ Purchase Order Number __0011323130__________________

☐ Blanket Purchase Agreement (BPA) Number _______________ ☐ Order/BPA# _______ against FSS Contract #_____ _________ ☐ Order #___________ against Multiple Award IDIQ Contract

Name or #______________ ☐ Order #_______ against a single award IDC Contract

☐ Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: ☒ Fixed Price ☐ Time & Materials/Labor Hours ☐ Cost Reimbursable ☐ Hybrid

Funds: ☒ Operations & Maintenance, Army (OMA) ☐ Other Funds: ________

FY: ________

Name of Proposed Contractor(s) and Address:

Datex-Ohmeda, Inc.

3030 Ohmeda Dr.

Madison, Wisconsin 53718-6704 1-620-217-7632, Kent Martens

Brand Name Buy: ☒ Yes ☐ No

3. Description of Services or Supplies: The item requested is for the supply buy of accessories to the Government-owned NOVII wireless patch fetal monitoring system at Irwin Army Community Hospital (IACH), Fort Riley, Kansas. The purchase of the accessories is unique to the NOVII wireless patch fetal monitoring system in use at IACH. The manufacturer of the system, Datex-Ohmeda, Inc., manufactures the proprietary accessories needed for the Government-owned NOVII wireless patch fetal monitoring system. The accessories are the actual wireless transmitters and patches which will connect to the Government–owned receivers. The estimated cost of the new system is $117,403.00.

Delivery Date 25 June 2019 Total Value: $ _$117,403.00.__

4. Authority:

☒ FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

☐ FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name ☐ FAR 8.405-6(a)(1)(i)(A) Urgency ☐ FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable ☐ FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

☐ FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable ☐ FAR 16.505(a)(4) Brand Name ☐ FAR 16.505(b)(2)(i)(A) Urgency ☐ FAR 16.505(b)(2)(i)(C) Logical Follow-on ☐ FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

Currently the Government-owned NOVII system is being used in the Labor and Delivery (L&D) Department at IACH. The NOVII wireless patch system is a maternal/fetal monitor that noninvasively measures and displays fetal heart rate (FHR), maternal heart rate (MHR), and uterine activity (UA) which helps to optimize caregiver workflow. The system detects the fetal ECG and maternal ECG rather than fetal pulse through ultrasound Doppler for more accurate results. It is less restrictive, requires no cords or belts and is waterproof. It allows fetal ECG and maternal ECG to be simultaneously monitored and differentiated, thus helping to reduce maternal/fetal confusion of MHR and FHR. It uses electromyogram (EMG) signals from the uterine muscle to detect uterine activity. This purchase is for accessories to expand the capabilities of the current system.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 ☐ do not apply due to the $ threshold, ☒ apply and will be followed, or ☐ do not apply due to an exception at 5.202________________.

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

☐ Action is NOT a brand name restriction and is under $150K, no posting required ☐ Action is a brand name restriction, under $25K, no posting required ☒ Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

☐Action is a brand name restriction over $25K but will not be posted due to exception:

☐ FAR 6.305(f) ☐ FAR 8.405-6(b)(3)(iii)(A)

☐ FAR 8.405-6(b)(3)(iii)(B) ☐ FAR 8.405-6(b)(3)(iii)(C) ☐ FAR 16.505(a)(4)(iii(C)

7. Market Research: A sources sought was posted to FedBizOps from 10 April 2019 through 16 April 2019 with no responses to the notice and no interested vendors. The Government owns the NOVII wireless patch fetal monitoring system at IACH. This purchase will increase L&D capacity and optimize caregiver workflow. The contract specialist conducted a dynamic small business search (DSBS) with the keyword “NOVII” which revealed no small businesses that fit within these guidelines. A quick market search (QMA) provided the same results. The contract specialist also conducted a dynamic small business search (DSBS) with the keyword “fetal monitoring” which revealed two (2) small businesses that fit within these guidelines. Further research on these two companies revealed one is a Continuing Education provider and the other is an L&D services company. Neither provided fetal monitoring supplies. A quick market search (QMS) provided one (1) woman owned business. Again further research found this woman owned business is the same Continuing Education provider which only provided L&D education. They did not provide fetal monitoring supplies.

8. Other Facts: Previous Contract or Purchase Order Number: or N/A Previously competed? N/A No Yes Previous authority for less than Full & Open Competition: N/A

9. 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.

Typed Name: Michael L Cossey Position Title: Supervisor, Equipment Management Branch Email address: michael.l.cossey2.civ@mail.mil, 785-239-7197 Date: 16 April 2019

10. Contracting Officer Certification/Approval:

mailto:michael.l.cossey2.civ@mail.mil

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon price analysis.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name:

Position Title:

Email address:

Date: