Attachment 001_Brand Name Only Determination_W81K0224Q0091_Redacted.pdf

Version – February 2017

Memorandum for Record – Brand Name Specification at or below the Simplified Acquisition Threshold

1. Contracting Activity: Medical Health Contracting Office – Pacific (MHCO-P) Joint

Base Lewis-McChord Health Contracting Branch (JBLM-HCB) 673 Woodland Square Loop, Suite 10, Lacey, WA 98503-1066.

2. Description of Action: Madigan Army Medical Center (MAMC), Tacoma, WA is requesting a firm fixed price contract.

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number _ 0012070593 ____________

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: Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

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

FY: 25__

Brand Name Buy: Yes No

3.Description of Services or Supplies:

The Contractor shall provide automated Immunohistochemistry (IHC) slide staining platform/s, antibody stains, reagents, and supplies used to support the Anatomic Pathology mission at Madigan Army Medical Center (MAMC), Tacoma, WA. The Contractor will be responsible for furnishing IHC antibody stains automated platform/s (inclusive of instruments and peripheral equipment to include but not limited to a computer, external drives, paper printer (reports), slide label printer, barcode scanner, UPS, etc.), maintenance, services, repairs, and parts as required in order to maintain the systems in optimal working condition at no extra cost to the Government.

Type of Contract: Firm Fixed Price

Estimated Ordering Period: October 1, 2024 – June 30, 2025.

X

Total Value: $216,810.00

4. Authority:

FAR 13.106-1(b): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available due to brand name requirements specified below.

5. Reasons for Authority Cited:

The leased Immunohistochemistry (IHC) and In-situ Hybridization (ISH) automated platforms needed for this requirement are two Roche/Ventana Benchmark Ultra units.

MAMC technicians and end users are currently only trained on the operation of this platform. Due to budgetary and operational constraints, MAMC is unable to support the re-training of the required users for an entirely new platform until fiscal year 2025.

Based on these constraints; only the specific brand name Roche/Ventana Benchmark Ultra units are able to support this requirement. In accordance with FAR 13.106-1(b)(ii), this brand name requirement only applies to the leased platform units. All other reagents, consumables, and associated testing supplies required can be fulfilled by any supplies that meet or exceed the minimum criteria of the solicitation and are compatible with the Roche/Ventana Benchmark Ultra platforms.

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 do not apply due to an exception at

5.202 ______________________.

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 $250K, 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 shows that IHC and ISH automated platforms and associated testing supplies fall within the commercial items definition as it is customarily used by the general public and has been sold, leased, or licensed to the general public. The action should be competed because market research shows that there is adequate competition with multiple businesses capable to participate in this solicitation process.

8. Other Facts: As noted above; only the Roche/Ventana Benchmark Ultra platform leases are required to be provided as brand name only. All other supplies and related services being solicited are acceptable as long as they meet or exceed the minimum requirements set forth in the solicitation. The Government intends to solicit a multiple year contract as a follow-on to this requirement which allows for the submittal of any automated platform for lease that meets or exceeds the government’s requirement as well as includes an operator re-training requirement.

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.

Typed Name: Bonnie Walter Title: Technical Point of Contact (POC)

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.

George Rutt Contracting Officer

RUTT.GEORGE.

RAY.1267945647

Digitally signed by

RUTT.GEORGE.RAY.126794564

Date: 2024.09.13 10:49:53 -07'00'