A.02 Sole Source _Brand Name_Limitied Sources under SAT redacted.pdf

CUI//SP-PROCURE

Control Number: 24-RHCO-A-371

RFP #: PANHCA-24-P-0000 005962

SOLE SOURCE JUSTIFICATION

for Acquisitions under the Simplified Acquisition Threshold

(Simplified Acquisition Threshold is $250K)

1. Contracting Activity:

Medical Readiness Contracting Office – East (MRCO-E) Fort Belvoir Health Contracting Branch 9275 Doerr Road, Building 1221 Fort Belvoir, VA 22060

2. Description of Action:

Requirement: New Repeat Pricing: Firm-Fixed Price Time & Materials Cost Funds: OMA DHP Other Funds: - Total Dollar Value: $34,815.39

Name of Intended Contractor: Bayer HealthCare LLC Street Address: 100 Bayer Blvd City, State, Zip: Whippany, New Jersey, 07981

Phone: 574-252-3407

Period of Performance: 9/23/2024 to 9/22/2027

3. Description of Supplies/Services: system upgrades, repairs, and preventive maintenance on the Medrad model 85577026 – Injector, Computed Tomography system. All services must be performed by Bayer HealthCare LLC factory trained service engineers. The engineers are completely trained on Bayer HealthCare LLC products.

Controlled by: USAHCA CUI Category: SP-PROCURE Limited Dissemination Control:

POC: Ricardo A. Cordero Cruz Telephone:240-405-2345 Email: ricardo.a.corderocruz.civ@health.mil

RFP #: PANHCA-24-P-0000 005962

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.

5. Reason for Authority Cited: Kimbrough Ambulatory Care Center (KACC) owns four Bayer/Medrad Solaris Injector Systems. These systems are fully integrated in KACC’s infrastructure and databases. Bayer HealthCare LLC is the original equipment manufacturer (OEM) of these systems. Bayer authorized field service representative are the only personnel trained, authorized and licensed to use the software They are also the only one able to procure Bayer HealthCare LLC replacement parts. Bayer HealthCare LLC does not authorize third party service for any of their products.

6. Actions to Increase Competition: A solicitation along with the Limited Source Justification will be posted on SAM.GOV website which will close on 16 September 2024. Due to intellectual property rights and proprietary rights no other vendor can provide required services.

7. Market Survey: Market research was conducted in accordance with FAR Part 10 to identify qualified sources.

8. Procurement History:

Previous Contract or Purchase Order Number: W91YTZ21P0100 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)

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. I certify the required product/services are available using mandatory sources.

RFP #: PANHCA-24-P-0000 005962

Submitted By:

Position Title:

Email address:

10. Contracting Officer Certification and Approval: I certify that this justification is accurate and complete to the best of my knowledge and belief. I have determined that the anticipated cost to the Government for this contract action will be fair and reasonable. Fair and Reasonable determination will be based on historical prices and the Independent Government Estimate. Certified cost or pricing data is not required per FAR 15.403-1(b) (3), because the items are commercial in nature.

Signature:

Typed Name:

Position Title: Contracting Officer

Email address: