21RCH007 Sole Source Just_CG.PDF

NMRC

JUSTIFICATION AND APPROVAL

OTHER THAN FULL AND OPEN COMPETITION

1. Identification of the agency and the contracting activity.

This justification is executed by the Naval Medical Research Center (NMRC), Silver Spring, MD, on behalf of the Navy to meet Naval Medical Research and Development mission.

This is a service contract for GE OEC C-arm 9900 elite system which is a Surgical Imaging Equipment for Department of En Route and Critical Care.

2. Nature and/or description of the action.

The proposed service contract is for 1 GE OEC MEDICAL C-arm 9900 elite Model 881190-01, S/N

- 0325168 (ECN: 107486) is a surgical imaging equipment located in VET MED Surgical room for a 2yr service contract. The government intends on awarding a Firm Fixed Price contract. The proposed source is GE Healthcare Service, Mid-Atlantic Region; Phone :980-329-4826 fax: 704-919-5313.

3. Description of Supplies or Services:

ECD has a critical need to provide service to this single piece of equipment to prevent malfunction and delay scientific projects which could directly impact the work being done to impact Combat Casualty Care. GE is the only company to provide this service contract for their own units created by GE Health Care.

4. Identification of the statutory exceptions permitting other than full and open competition.

The statutory exception permitting other than full and open competition for this acquisition is 10 U.S.C. 2304(c)(1) and FAR 6.302-1 sole source (including brand name) acquisitions OR FAR 13.106-1(b)(1) soliciting from a single source. Manufacturer provided service contract.

Use one of the following:

10 U.S.C. 2304(c)(1), Only one responsible source.

10 U.S.C. 2304(c)(2), Unusual and compelling urgency.

10 U.S.C. 2304(c)(3), Industrial mobilization; engineering, developmental, or research capability; or expert services.

10 U.S.C. 2304(c)(4), International agreement.

10 U.S.C. 2304(c)(5), Authorized or required by statute.

10 U.S.C. 2304(c)(6), National Security.)

Be sure to include the FAR cite as well. See attached FAR explanation sheet for J&A references FAR Part 13

FAR 13.106-1(b)(1) <$150K FAR 6.302-1, Only One Source (>$150K) FAR 6.302-2, Unusual and Compelling

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

ECD has a critical need to provide service to this single piece of equipment to prevent malfunction and delay scientific projects which could directly impact the work being done to impact Combat Casualty Care. This item is manufactured by GE and requires the Service contract be provided by them as they are the only ones to provide service contract for their equipment for 2 years.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

An attempt at market research was performed; the results of which are in paragraph 8. No other vendors offer service contract, except for the manufacturer. This requirement will be posted to NECO and/or FedBizOpps in accordance with FAR 5.202.

7. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer shall determine the anticipated cost to the Government of the supplies/services covered by this Justification and Approval will be fair and reasonable by conducting a price analysis before an award is made. In addition, the Government anticipates that the negotiated contract price will reflect a discount from the GE OEC (Mid-Atlantic region)’s commercial price list and will be determined fair and reasonable.

8. Description of the market survey conducted and the results, or a statement of the reasons a market survey was not conducted.

Market research was conducted by technical experts in January 2019. This research consisted of contacting other surgical imaging companies to see if they could offer service contracts provided by other manufacturers. Search engines utilized include Google, and GSA Advantage using the following search words: C-Arm elite service and follow up by phone to see what services were offered. GE is the sole manufacturer and service provider. Consequently, the Government’s technical experts determined that GE is the only source that can meet the Government’s requirements.

9. Other facts supporting the use of other than full and open competition.

The requirement for GE service contracts was competed full and open based on the minimum salient characteristics in January 2019. The equipment was awarded and purchased August 2018 and came with a 1 yr service contract with an expiration of August 2019. The new service agreement would be for 2 years. (i) Explanation of 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. (ii) When 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), anestimate of the cost to the Government that would be duplicated and how the estimate was derived. (iii) When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government. This should include previous contracts for the same supplies or services detailing the contract number, date awarded, contract awarded amount, and whether it was procured full and open or through a sole source procurement. Any duplication of costs should be addressed.

10. Listing of Sources, if any, which expressed, in writing, an interest in the acquisition.

To date, no other sources have written to express an interest. Any sources expressing interest in response to the synopsis will receive consideration.

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.

11. Statement of actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

Future requirements will be synopsized in accordance with FAR 5.203.

If there is currently no reasonable likelihood of future competition, use the following or similar language:

For the reasons set forth in Paragraph 5, (contracting activity) has no plans at this time to compete future contacts for the types of supplies/services covered by this document. If another potential source emerges, (NMRC) will assess whether competition for future requirements is feasible.

Discuss any actions the activity plans to take to change conditions that would preclude the use of full and open competition for acquiring the same or similar supplies or services in the future. In addition to acquiring a validated technical data package, such actions might include, for example, use of reverse engineering to develop a second source or, after justifying noncompetitive procurement of emergency supplies on the basis of unusual and compelling urgency, using competition to award contract vehicles that would allow the Government to acquire similar items when needed to meet future emergency situations.

If future competition is planned, provide the estimated date of the first competitive acquisition.

If this is a one-time buy or a final buyout, so state.

If the Government anticipates acquiring a technical data package that will support competition, use the following or similar language:

The Government (or Program Office) expects to obtain a technical data package that will support competition for future acquisitions of the same or similar items.)

12. Point of Contact.

The point of contact at the Naval Medical Research Center, Silver Spring, MD, regarding the contents of the sole source justification is , Deborah M. Sharpe, who may be reached at (301) 319-6471 or Edilberto Calma 301-319-6481.

TECHNICAL AND REQUIREMENTS CERTIFICATION REQUIRED

BY NAVSUP 4200.83 series

I certify that the facts and representations under my cognizance which are included in this justification and approval and which form a basis for this justification are complete and accurate.

Technical Cognizance

301-319-9447 LCDR Carolyn Gosztyla Phone Date Department Head End Route and Critical Care /NMRC

Requirements Cognizance

NAME Phone Date Department Head En Route and Critical Care/NMRC

CONTRACTING OFFICER CERTIFICATION

I certify that this justification is accurate and complete to the best of my knowledge.

Deborah M. Sharpe Phone Date Contracting Officer

Diane Fox Phone Date Contracting Officer

Technical Cognizance