A.02 Revised - Mini JA Sole Source PANTHER Fusion Maintenance and Repair FY23 Redacted0706.pdf

CUI//SP-PROCURE

Solicitation Number: W91YTZ23Q0087 Control Log Number: 23-RHCO-A-315

(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 can provide 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.

5. Reason for Authority Cited: This is a sole source requirement with the OEM (original equipment manufacturer) recommended as the only authorized vendor to service, repair and replace parts for the government owned the Panther Fusion system. The proper operation of this system is dependent upon propriety software, which is only available from the original equipment manufacturer. A proprietary sole source justification letter dated 05 April 2023 was received from the Vice President of Hologic stating there are no authorized third-party service providers for the panther fusion system (PCF location A.02, Proprietary Letter Service). If the Panther Fusion System is inoperable for an extended period, this will cause patients to be referred to an outside provider at considerable additional cost. Failure to provide services will significantly impact patient safety and overall healthcare to servicemembers and their families.

6. Actions to Increase Competition: The action was synopsized io SAM.gov on 10 May 2023 to increase competition. No responses were received. No further action will be taken to increase competition based on the proprietary nature of the equipment and services.

7. Market Survey: Market research was conducted in accordance with FAR Part 10. The following techniques were used: A review of the Dynamic Small Business search based on NAICS code 621512 and key words for Panther Maintenance. The search showed that there was no small business that met the search criteria. Hologic is the only authorized service provider of parts and equipment required to run the Panther Fusion platform.

8. Procurement History:

Previous Contract or Purchase Order Number: System was purchased 23 April 2020 under current maintenance contract W91YTZ22P0071 or N/A Previously competed? N/A No Yes

Previous authority for less than Full & Open Competition: FAR 13.106-1(b)(1)(i): Only one source reasonably available (e.g., urgency, exclusive licensing agreement, brand name or industrial mobilization.

Control Log Number: 23-RHCO-A-315

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

I certify the required services are not available using mandatory sources and delivery cannot be made by the required delivery date.

Submitted By: Linda M. Jones Position Title : Chief, HTMB

Email address: linda.m.jones124.civ@health.mil Date: 13 March 2023

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: Michael McCollum Position Title: Contracting Officer

Email address: Michael.j.mccollum12.civ@health.mil

MCCOLLUM.MICHAE

L.JAMES.1287594409

Digitally signed by

MCCOLLUM.MICHAEL.JAMES.128

7594409 Date: 2023.07.06 13:03:07 -04'00'

Control Log Number: 23-RHCO-A-315

Approval

Based on the foregoing justification, I hereby approve the procurement of services and supplies for maintenance of Hologic Panther Fusion Systems located at WAMC, Fort Liberty, NC. The proposed period of performance is 01 2023 through 3 2024. Option periods will not be included in the resultant Purchase Order. Since option periods will not be included, FAR 52.217-8, “Option to Extend Services” will not be included in the Purchase Order. The total estimated Purchase Order value is $ on an other than full and open competition basis pursuant to the authority of FAR 13.106-1(b)(1)(i): Only one source reasonably available (e.g., urgency, exclusive licensing agreement, brand name or industrial mobilization), and the services herein described have otherwise been authorized for acquisition.

Signature: _______________________ Date: ____________________________

Typed Name: Title:

MCCOLLUM.MICHA

EL.JAMES.12875944

Digitally signed by

MCCOLLUM.MICHAEL.JAMES.128

7594409 Date: 2023.07.06 13:02:33 -04'00'