A.02 Limiting-Competition-under-SAT_CUST Signed Q0037 JA 03232023_Redacted.pdf

CUI

Control No: 23-RHCO-A-216

Version – February 2017 CUI

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: Department of the Army United States Army Medical Command (USAMEDCOM) US Army Health Contracting Activity (USAHCA) Medical Readiness Contracting Office – East (MRCO-E) Gordon Health Contracting Branch (GHCB) Fort Gordon, Georgia 30905

2. Description of Action:

Nature: X New Requirement Follow-on Requirement

Contract Vehicle: X Purchase Order Number 0011851538 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: X Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: X Operations & Maintenance, Army (OMA) Other Funds:

FY: 23

Name of Proposed Contractor(s) and Address:

Brand Name Buy: Yes X No

3. Description of Services or Supplies: This requirement will provide full-Service Maintenance and Service Agreement for the following: The AcuPulse Duo, Serial # 105, ECN# 032776 and the VersaPulse Powersuite, Serial # 741, ECN # 040271.

Version – February 2017 CUI

Base Period: 1 APR 23 to 31 MAR 2024 Value: $ 28,628.00 Option Period 1: 1 APR 24 to 31 MAR 2025 Value: $ 28,628.00 Option Period 2: 1 APR 25 to 31 MAR 2026 Value: $ 28,628.00 Option Period 3: 1 APR 26 to 31 MAR 2027 Value: $ 28,628.00 Option Period 4: 1 APR 27 to 31 MAR 2028 Value: $ 28,628.00

Total: $ 143,140.00

4. Authority:

X 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:

Martin Army Community Hospital (MACH), Fort Benning, Georgia has a requirement to provide Annual Support and Maintenance for the Medical Laser Systems in the Aesthetic, Surgical, and Ophthalmic medical specialties. The maintenance of equipment for this requirement includes the AcuPulse Duo, Serial # 105, ECN# 032776 and the VersaPulse Powersuite, Serial # 741, ECN # 040271. The services required must use the Original Equipment Manufacturer (OEM) for repair/maintenance. The MACH Medical Maintenance Department does not have the ability to maintain and repair the equipment. Service attempted or performed by unauthorized personnel will void all warranties and/or service agreements for the specific systems in accordance with the provisions of the vendor’s product warranty policy and service agreements. In addition, approved and proprietary parts are necessary to service the equipment. These parts are only available to Boston Scientific authorized personnel. Failure to provide the necessary support and services will result in diminished healthcare for the patients serviced through MACH.

Version – February 2017 CUI

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 X do not apply due to an exception at

5.202 (a)(13).

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: Market research was conducted in accordance with FAR Part 10. A search was conducted on the following website, Dynamic Small Business, Medical Material Catalog, and the General Services Administration website. The only match that was found was Lumenis however, information is not deemed updated due to notification from the vendor that their surgical Division has been acquired by Boston Scientific, so they are not able to support as the research evidence depicts.

8. Other Facts: Contract W91YTZ18P0385 was awarded as a sole source under the authority of FAR 13.106-1(b)(1). This contract had a 12-month base four 12-month Option Years. Using NAICS 811219, sole source to Lumenis INC.

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. I certify this product/service is not available using mandatory sources or delivery cannot be made by the required delivery date.

Typed Name: Roylon K. Allen

Version – February 2017 CUI

10. Contracting Officer Certification/Approval:

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: Francine Brown Title: Contracting Officer

23 March 2023