Bayer J and A_Redacted.pdf

Control No: 21-RHCO-C-440

Version February 2017

Memorandum for Record Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: This requirement is for Evans Army Community Hospital (EACH). The contracting activity is the Regional Health Contracting Office - Central

(RHCO-C).

2. Description of Action:

Nature: New Requirement X Follow-on Requirement

Contract Vehicle: Purchase Order Number: 0011643205__

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: ________

FY: 22

Name of Proposed Contractor(s) and Address:

Bayer Healthcare LLC.

100 Bayer Blvd P.O. Box 915 Whippany, NJ 07981 1-800-633-7231

Brand Name Buy: Yes No

3. Description of Services or Supplies: Evans Army Community Hospital (EACH), Fort Carson, Colorado, has a requirement for an on-site maintenance service contract of the Bayer Healthcare MEDRAD injector systems. This requirement covers the repair, preventative maintenance (PM), calibration, and exchange services according to the proprietary software on the injectors that can only be updated by Bayer field engineers. Third party vendors do not have access to proprietary software.

Period of Performance: 30 October 2021 to 29 October 2022, with four 12-month options

Total Value:

4. Authority:

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.

5. Reasons for Authority Cited:

The injectors contain proprietary software that can only be updated and maintained by Bayer field engineers. A third party company cannot update the equipment without

6. Publicizing Contract Actions: A notice of intent to sole source was posted on beta.SAM.gov 20 May 2021 to 27 May 2021.

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

X Action is a brand name restriction, over $25K.

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 review of GSA.gov indicated that no small businesses offered Bayer Healthcare, Medical Maintenance services. The searched revealed 59 contractors using SIN 65 II A, Medical Equipment and Supplies, category A-200, Equipment Maintenance and Repair. Bayer Healthcare was not listed in this category.

Further search revealed that Bayer Healthcare was listed in several other medical Supplies and Equipment categories, but not for the services needed. Searches on Federal Prison Industries (UNICOR) and Ability One were completed and revealed that there were not any vendors who can support this requirement.

8. Other Facts: Previous Contract or Purchase Order Number: W81K00-18-P-0535 Previously Competed N/A Previous authority for less than Full & Open Competition:

FAR 13.106-1(b)(1)(i)

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:

Date:

Signature

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.

Typed Name:

Date:

Title:

Signature: