A.02 Sole Source Justification Mammography Imaging Services_Redacted.pdf

CUI//SP-SSEL

Solicitation number: W91YTZ23Q0052 Control Number: 23-RHCO-A-234

CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104-4) (April 2022)

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: Medical Readiness Contracting Office – East, Fort Bragg, NC.

2. Description of Action: Womack Army Medical Center (WAMC), Health Technology Management Branch (HTMB) requests approval for a new Firm-Fixed Price (FFP) contract for non-personal service for Mammography Imaging Maintenance Services.

The resultant contract includes preventative, routine, on call, and on-site maintenance service and support. It also includes the necessary parts for several Mammography Imaging pieces of equipment in support of patient care. Defense Health Procurement (DHP) appropriated funds will be used to fund the resultant contract.

3. Description of Supplies/Services: This requirement is for the procurement of preventive, routine and on call maintenance service and support to include necessary parts for several Mammography Imaging pieces of equipment in support of WAMC. The proposed contract period of performance will be for a 12-month base period, and four 12-month option periods from 1 September 2023 through 31 August 2028. FAR 52.217- 8, “Option to Extend Services” will be included in the contract. The estimated total contract value including the -8 clause is .

4. Authority Cited: 41 United States Code 1901 as implemented in Federal Acquisition Regulation 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items.

5. Reason for Authority Cited: WAMC’s HTMB current mammography equipment is Government owned and will no longer be covered under its current service and maintenance plans. The equipment cannot be maintained to support the medical mission and patient care. To support patient care, HTMB needs mammography imaging maintenance and service coverages on equipment to maintain patient care. The Mammography Imaging equipment is manufactured by Hologic Inc. Hologic provided a proprietary letter which states that it does not have any authorized third-party service providers and their equipment has proprietary software, parts and no other contractors can perform the required services. Without this maintenance contract the HTMB Department cannot operate in a professional manner and patient life’s will be at stake.

Controlled by: USAHCA CUI Category: CUI//SP-SSEL Limited Dissemination Control: FED ONLY POC: Michael McCollum (703)785-1159

Control Number: 23-RHCO-A-234

CUI//SP-SSEL

(See FAR 2.101 and 3.104-4)

(April 2022)

6. Efforts to Obtain Competition: This requirement will be synopsized on or about 1 May 2023, and the solicitation will be posted to SAM.gov. A Sources Sought was posted on 23 March 2023 with a closing date of 29 March 2023. Four entities responded to the notice for consideration but none of them are authorized by Hologic to perform the proprietary on-site maintenance services. This will be a sole source requirement to Hologic, Inc.

7. Actions to Increase Competition: A sources sought was posted on the date listed in paragraph 6 above to increase competition. At this time, it is not possible to compete this acquisition as none of the interested parties are authorized to perform the work. A Performance Work Statement will be included in the solicitation and any proposals received will be evaluated for future requirements.

8. Market Research: Market research was conducted on 4 April 2023 in accordance with FAR Part 10 and DFARS 210.001. Research revealed that Hologic is the only approved service company that has proprietary rights to service and maintain this highly specialized equipment. There are no authorized third-party service providers. A search on General Services Administration (GSA) eLibrary was also performed. No additional large or small businesses were found that met the search criteria in accordance with the PWS. Hologic is a large business.

9. Interested Sources: To date, four entities responded to the sources sought notice for consideration but none of them are authorized by Hologic to perform the proprietary on-site maintenance services. Notices required by FAR 5.201 shall be published, and any proposals received shall be considered.

10. Other Facts: This requirement is new. The equipment was previously under manufacturer’s warranty.

a. Procurement history.

(1) Contract numbers and dates of the last several contracts for these same requirements. None

(2) The competitive status of these actions. N/A

(3) Authority previously cited if less than full and open competition was used. N/A.

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results. N/A.

Control Number: 23-RHCO-A-234

CUI//SP-SSEL

(See FAR 2.101 and 3.104-4)

(April 2022)

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources. N/A

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys. N/A.

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes. N/A.

b. Other facts. None

11. Technical 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.

Signature: ________________________________Date: __________

Typed Name: _ D ___Title: Logistics _

__ 12. 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.

Signature: ________________________________Date: __________

Typed Name: __ ___Title: _

__ 13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Fair and Reasonable determination is based on the market research 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: ________________________________Date: __________

Typed Name: _Donna Blossom_____Title: __Contracting Officer_______

NUXOLL.DALE.J.1089

065646

Digitally signed by

NUXOLL.DALE.J.1089065646

Date: 2023.05.17 16:45:56 -04'00'

17 May 2023

NUXOLL.DALE.J.1089

065646

Digitally signed by

NUXOLL.DALE.J.1089065646

Date: 2023.05.17 16:46:12 -04'00'

17 May 2023

BLOSSOM.DONNA.

L.1102273970

Digitally signed by

BLOSSOM.DONNA.L.1102273970

Date: 2023.05.18 07:35:58 -04'00'

Control Number: 23-RHCO-A-234

(See FAR 2.101 and 3.104-4)

(April 2022)

14. Contracting Officer Certification:

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

Signature: ________________________________Date: __________

Typed Name: _Donna Blossom_____Title:__Contracting Officer_______

BLOSSOM.DONNA.

L.1102273970

Digitally signed by

BLOSSOM.DONNA.L.1102273970

Date: 2023.05.18 07:36 35 -04'00'

Control Number: 23-RHCO-A-234

(See FAR 2.101 and 3.104-4)

(April 2022)

Approval

Based on the foregoing justification, I hereby approve the procurement of Mammography Imaging Equipment Services and Supplies in support of the HTMB Department located at WAMC, Fort Bragg, NC. The proposed contract period of performance will be from 1 September 2023 through 31 August 2028 and will include FAR 52.217-8, “Option to Extend Services”. The estimated total contract value including the -8 clause is $841,983.00 on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901 as implemented by FAR 13.501, and the services and supplies herein described have otherwise been authorized for acquisition.

Signature: _______________________ Date: ____________________________

Typed Name: Kerry A. Alvarenga Title: Command Advocate for Competition

ALVARENGA.KERRY.

ANN-

MARIE.1185865882

Digitally signed by

ALVARENGA.KERRY.ANN-

MARIE.1185865882

Date: 2023.05.19 09:22:46 -05'00'