Attachment V JandA N6809321RC04500 FINAL.pdf

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

This justification is executed by the Naval Medical Logistics Command (NMLC), Fort Detrick, MD, on behalf of the Navy, to meet the requirements of Naval Medical Center Camp Lejeune, NC.

2. Description of the Action Being Approved.

The proposed action is for one Stryker Corporation support and maintenance contract for Naval Medical

Center Camp Lejeune, NC. The Government intends on awarding a Firm Fixed –Price (FFP) contract.

The proposed source is Stryker Corporation, 571 Silveron Blvd, Flower Mound, TX 75028.

3. Description of Supplies/Services.

Naval Medical Center Camp Lejuene has a requirement for a non-personal services contract for technical support services for the Stryker equipment utilized in the Main Operating Room. The contractor shall provide priority service response, unlimited service calls and repairs, replacement parts and shipping, labor and travel of service technicians, 24/7 technical support, software fixes and upgrades, preventative maintenance, and documentation for Joint Commission, annual inspections, and detailed field service reports of findings. Maintenance and support shall be provided for a one (1) year period of performance spanning 01 December 2020 through 30 November 2021, including four (4) subsequent option periods, not exceeding one (1) year each.

Repair response time must be within 2 hours via telephone after the initial work order is placed and on-site response time must be within 24 hours after service technicians make initial contact. Preventive maintenance shall be performed between the 1st and the 15th day of the month it is due.

Vendor shall be an Original Equipment Manufacturer (OEM) authorized dealer, authorized distributor, or authorized reseller for the equipment/system, such that OEM warranty and service are provided and maintained by the OEM. All software licensing, warranty, and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

It is intended to acquire the above-mentioned non-personal services using DHP funding for Naval

Medical Center Camp Lejeune, NC. $305,116.08 will be used to award the required maintenance contract. The total estimated cost of this requirement inclusive of options is $1,619,902.71.

4. Statutory Authority Permitting Other Than Full and Open Competition.

The statutory exception permitting other than full and open competition for this acquisition is 10 U.S.C.

2304(c)(1) and FAR 13.106-1(b)(1) soliciting from a single source for purchases exceeding the simplified acquisition threshold.

5. Rationale Justifying Use of Cited Statutory Authority.

Stryker equipment and their services is proprietary to Stryker Corporation. They are the Original

Equipment Manufacturer and do not have authorized distributors or repair facilities. All equipment, parts and repairs must be obtained from the manufacturer and repairs must be made by their certified technicians with their OEM parts. As Stryker is the sole proprietor of the equipment and repair services, there are no other sources that can provide the required maintenance and repair.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

Market research was conducted by technical experts in August 2019. This research consisted of reviews of similar previous maintenance procurements and contacting the Original Equipment Manufacturer.

Based on market research it has been determined that only Stryker Corporation can meet the minimum requirements of the Government. Only one vendor, Stryker Corporation (Stryker), can provide maintenance on this equipment that meets the requirement of the Government. Necessary software updates and upgrades can only be patched or applied with Stryker’s assistance. Additionally, Stryker asserts they do not certify third parties to maintain their equipment. Therefore, Stryker is the only company that can provide the maintenance services required by the Government for the Stryker equipment being utilized in the Main Operating Room. Furthermore, this document will not be finalized until the NOI response period has expired.

This Justification and Approval will be posted on Beta Sam within 30 days after contract award.

7. Determination of Fair and Reasonable Cost. The Contracting Officer will determine the anticipated cost to the Government of the supplies/services covered by this Justification & Approval will be fair and reasonable by conducting a price analysis before an award is made.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, NMLC has no plans at this time to compete future contacts for the types of supplies/services covered by this document. If another potential source emerges, NMLC will assess whether competition for future requirements is feasible.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Technical Cognizance:

Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Signature Name (Printed) Phone No. Date

CONTRACTING OFFICER CERTIFICATION

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

Signature Name (Printed) Phone No. Date

APPROVAL BLOCK COMPETITION ADVOCATE

($650,000 to $12.5M)

____________________________________________301-619-3095______________________

Darin L. Callahan Phone Date

Competition Advocate