A.02.04_Limited_Source_Justification__Redacted.pdf

Control Number: 18-RHCO-C-261

Limited Sources Justification or Sole Source Justification for Acquisitions under the Simplified Acquisition Threshold (Simplified Acquisition Threshold is $150K)

1. Contracting Activity: Regional Health Contracting Office-Central, Fort Carson Health Contracting Cell, Fort Carson, Colorado.

2. Description of Action:

Requirement: New Repeat Pricing: Firm-Fixed Price Time & Materials Cost Funds: OMA Other Funds: DHA Total Dollar Value:

Name of Intended Contractor: Johnson & Johnson (AMO Sales and Services, Inc.)

Street Address: 1700 E. ST Andrew Place City, State, Zip: Santa Ana, CA 92705-4933

Phone:

3. Description of Supplies/Services: WBAMC Warfighter Refractive Eye Surgery Center is requiring a sole-source contract to Johnson and Johnson Vision formerly AMO Sales And Services, Inc. for Excimer Laser and Femtosecond Laser Products needed for the procedures; 1) Custom Addedvue Pak, High Myopia, 2) Calibration Cards 3) IFLAP US.

4. Authority Cited:

(a) FAR 13.106-1(b)(1)(i): Only one source reasonably available (e.g., urgency, exclusive licensing agreement, brand name or industrial mobilization); OR

(b) FAR 13.106-1(b)(1)(ii): Only one source can provide a portion of the purchase that is a particular brand-name item; OR

(c) FAR 8.405-6(a)(1)(i)(A): An urgent and compelling need exists, and following the procedures would result in unacceptable delays; OR

(d) FAR 8.405-6(a)(1)(i)(B): Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized; OR

(e) FAR 8.405-6(a)(1)(i)(C): In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order not previously issued under sole-source or limited-sources procedures.

(10 February 2016)

5. Reason for Authority Cited: AMO Sales and Service, Inc. is the sole supplier and authorized service provider for the products referenced above. AMO products are only compatible and are matched with the government owned Excimer Laser and Femtosecond Laser; therefore products are not interchangeable with similar equipment manufactured by other companies.

6. Actions to Increase Competition: Enhancing competition is always a priority when doing a purchase;

therefore, market research is done extensively on all sole source buys. AMO requires a licensing fee on order to run the Government-owned lasers. All items have a licensing fee included in the cost of supplies. Since WBAMC owns the Excimer and Femtosecond Laser the government purchased from AMO, we have to continue sole source until the equipment life cycle ends. Both machines were acquired 27 July 2012 and both have a life expectancy of 7 years. There will be a new requirement for replacing equipment in 2019. At that time, the contract will be competed for new equipment. The requiring activity will continue to monitor the market for sources with the same or similar capabilities and if additional sources are found they will be included in future requirements.

7. Market Survey: A search of the Small Business Administration’s (SBA) Small Dynamic Business Search (DSBS) was conducted using NAICS 339115 and keywords “Laser Keycards.” The results showed that there are no economic group small businesses that can provide these services. A search of the GSA/VA under Category 65 IIA, Medical Equipment and supplies, SIN A-35 Vision Screening and Test Equipment. Results returned 28 vendors, both large and small. The listing was reduced to 8 vendors that included the keywords “Excimer Laser”; however, none of the schedule holders specifically included the equipment items installed at William Beaumont Army Medical Center. The sources sought notice was posted on FedBizOpps for six days and received one response from Johnson & Johnson formerly known as AMO Sales and Services, Inc. Johnson & Johnson stated they are the sole supplier and authorized service provider for Excimer and Femtosecond Products in the U.S.A.

.8. Procurement History:

Previous Contract or Purchase Order Number: or N/A Previously competed? N/A No Yes Previous authority for less than Full & Open Competition: FAR 13.106-1(b)(1)(i)

9. Technical / Requirements Certification: I certify that the support data under my cognizance which are included in this mini-J&A are accurate and complete to the best of my knowledge and belief.

Signature:

Typed Name:

Date:

S

10. Contracting Officer Certification and Approval: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature:

Typed Name:

Date:

(10 February 2016)