A.02 USAHCA Sole Source Justification under 13.501 (25Feb16)Getinge (004) (002) with final redactions.pdf

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: Regional Health Contracting Office-Atlantic (RHCO-A), Belvoir Health Contracting Cell, 6021 5th Street, Building 1467, Fort Belvoir, VA 22060.

2. Description of Action: Approval is requested for a new firm-fixed price (FFP) contract for the procurement of Getinge Sterilizer and maintenance services for the newly procured and existing Getinge Sterilizers. The Sterilizers are located at four Fort Meade MEDDAC locations. DHP funds will be used to fund this requirement.

3. Description of Supplies/Services: The requirement is for the purchase of supplies and maintenance services for Getinge Sterilizers. The period of performance will be a 12 month base period and four 12 month option periods. The estimated value of the contract for the base and option periods 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: Getinge USA is the only vendor that can provide the requested services and supplies. Getinge USA has successfully performed maintenance and repairs on this equipment the last three years. Getinge USA is the only qualified repair or service vendor within the area. In the proprietary letter received on December 17, 2020 Getinge states as the equipment manufacturer, Getinge is the sole-source supplier of factory authorized OEM (original equipment manufacturer) replacement parts and accessories for your equipment. Getinge USA is the Original Equipment Manufacturer (OEM). Additionally, Getinge Care Service is the sole-source for OEM technicians who are trained and certified to perform scheduled and unscheduled maintenance on Getinge equipment.

6. Efforts to Obtain Competition: A sources sought notice was published on 19 November 2020 with a closing date of 25 November 2020. There were no responses.

No other actions were taken to obtain competition due to the technical and compatibility needs for the new equipment with the Getinge equipment currently on hand at all locations.

a. Effective competition. There is no known competition anticipated for this acquisition.

b. Subcontracting competition. No subcontracting opportunities exist.

For Official Use Only (See FAR 2.101 and 3.104-4)

(25 February 2016)

7. Actions to Increase Competition: There are no practical alternatives available to increase competition for this requirement. The supplies requested will be used on Geteinge Sterilizers currently in place at the MTFs.

8. Market Research: Market research was conducted in accordance with FAR Part 10.

A search on the Small Business Quick Market Search was performed using NAICS code 811219 (Other Electronic and Precision Equipment Repair and Maintenance) and key words “Sterilizer Services and Supplies”. Results are as follows:

Currently 8(a) certified - 200

Currently Hubzone certified - 159

Veteran Owned - 1308

Currently SDB certified - 2306

Service Disabled Veteran - 791

Woman or Woman Owned - 18

Although the small businesses can provide some type of services and supplies but are unable to provide the exact services and supplies needed for the Getinge equipment.

9. Interested Sources: To date, no other sources have written to express an interest.

Notices required by FAR 5.201 shall be published, and any proposals received shall be considered.

10. Other Facts:

a. Procurement history.

(1) Contract numbers and dates of the last several contracts for these same requirements:

W91YTZ-18-P-0359 01 October 2018

W91YTZ-18-P-0413 27 September 2018

W91YTZ-15-P-0311 01 September 2015

W91YTZ-15-P-0310 24 August 2015

(2) The competitive status of these actions

W91YTZ-18-P-0359 01 October 2018 (Competitive)

W91YTZ-18-P-0413 27 September 2018 (Competitive)

W91YTZ-15-P-0311 01 September 2015 (Competitive)

W91YTZ-15-P-0310 24 August 2015 (Sole Source)

(3) Authority previously cited if less than full and open competition was used: The authority used for W91YTZ-15-P-0310 was FAR 8.405-6(a)(1)(i)(B).

(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: “Getinge USA is the only vendor that can provide requested services. Getinge USA has successfully performed maintenance and repairs on this equipment the last three years. Getinge USA is the only qualified repair or service vendor within the area. Getinge USA is the Original Equipment Manufacturer (OEM)”.

(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. There are no changes in circumstances. Three of the last four contracts were solicited as full and open competition, however Getinge was the only vendor that responded.

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys. None

(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. The Statement of Work (SOW) will be posted with the solicitations. It is anticipated that Getinge USA will be the only company that can supply the required supplies and services.

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

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.

Typed Name:

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. I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable based on price analysis in accordance with FAR 15.404-1(b)(2)(ii), comparison of the proposed prices to historical prices paid, whether by the Government or other than the Government, for the same or similar services. An updated independent government estimate has been prepared based on market research and historical prices and supports this price fair and reasonable determination. Commercial items are being acquired, therefore cost or pricing data is not required per FAR 15.403-1(b) (3).

Signature:

Date:

Typed Name: Title:

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

Signature:

Date:

Approval

Based on the foregoing justification, I hereby approve the procurement of Sterilizer supplies and maintenance services in the total amount of if all options are exercised 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, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature: ' Date: