Attachmment 1-Redated Limiting Competition at or Below the SAT W911RX-22-Q-0061.pdf

Version February 2017 FOR OFFICIAL USE

Memorandum for Record Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: 923rd CB & MICC Riley

2. Description of Action: The purchase of the Synexis Sphere which uses Dry Hydrogen

Peroxide (DHP™) technology to deliver a safe level of hydrogen peroxide (fu02) gas, reducing unwanted microbial contamination in the air and on surfaces for Irwin Army Community Hospital at Fort Riley, KS.

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number: 0011806158 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 Cost Reimbursable Hybrid

Time & Materials/Labor Hours

Funds: Operations & Maintenance, Army (OMA)

FY: 2022

Name of Proposed Contractor and Address:

Synexis 11711 W. 79th Street Lenexa, KS 66214

Other Funds:

Brand Name Buy: Yes No

3. Description of Services or Supplies: With the ongoing global battle with the COVID19 virus and its deviations, a proven option in assisting in this battle is the use of the Sphere System. The Synexis Sphere uses Dry Hydrogen Peroxide (DHP™) technology to deliver a safe level of hydrogen peroxide (fu02) gas, reducing unwanted microbial contamination in the air and on surfaces. This justification is for the procurement of 66 Synexis Sphere systems and 66 consumable packages to include installation and shipping.

Total Value: $130,130.00 No Options

4. Authority: Select the appropriate authority below:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or, FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on FAR 8.405-6(b)(1) Brand Name

Or, FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(b)(2)(i)(C) Logical Follow-on FAR 16.505(b)(2)(i)(D) Minimum Guarantee FAR 16.505(a)(4) Brand Name

5. Reasons for Authority Cited: Synexis BioDefense System continuously reduce airborne and surface-contaminating microbes in the environment, including viruses, bacteria, and mold, reducing steady state contamination levels in the air by 99.8% and on surfaces by up to 99% Synexis BioDefense Systems, the vendor of Dry Hydrogen Peroxide technology, has been granted 12 United States patents protecting their current technology until 2029 and beyond, and is the only legal provider of Hydrogen Peroxide Gas and Dry Hydrogen Peroxide generating systems under US patent law.

Synexis BioDefense Systems has not licensed any other companies to sell Dry Hydrogen Peroxide technology.

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 5.202(a)(13)(i).

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: A sources sought for total small business will be posted on sam.gov to determine if there are any other small businesses that can offer the Synexis BioDefense System or a comparable biodefense system.

8. 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.

Nikeisha Ottley OTTLEY.NIKEIS Digitally signed by

OTTLEY.NIKEISHA.ALICIA.1

HA.ALICIA.1026 026727975

727975 Date: 2022.07.14 11:16:54 -05'00'

Signature

9. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract comparable price analysis with commercial prices.

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.

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Shawn R. Poyser Contracting Officer