Brand Name Justification Disposable Scopes_signed SL.pdf

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION FOR A FAR PART 13 ACQUISITION UNDER THE SIMPLIFIED

ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

U.S. Naval Hospital Okinawa, Otolaryngology (ENT) Department requires disposable scopes to be available for each patient to provide adequate and efficient care. The scope will be used with aView, Ambu monitors which are used when scoping patients to record, or store videos or images taken by the doctors for patient’s chart reviewing.

Manufacturer: Ambu Inc Item name: Ambu aScope Rhinolaringo Slim Disposable scopes Part Number: Ambu item # 510001000

Delivery schedule: Drop shipment delivery of four (4) cartons per month from August 2024 through September 2026.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. X EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. ___ OTHER REASONS. N/A

B. _X__ BRAND NAME

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

Item required must be a brand name, product, or feature of a product, particular to one manufacturer.

A notice of intent to sole source HT941024N0128 was posted 8/15/2024- 8/19/2024 and one capability statement and a letter of authorization was received from SDVOSB, ASE Direct Inc. According to Ambu’s website, multiple distributors are authorized to sell Ambu products in the country of Japan. ASE Direct Inc. provided a letter of authorization from Ambu stating they are authorized to sell Ambu products to the Federal Government.

No sources identified another manufacturer’s scope is available for purchase to meet the Government requirements.

C. ___URGENT AND COMPELLING. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

V. CERTIFICATIONS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date

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

____________________ _Shannon La Com_____ _________ Signature Name (Printed) / Phone # Date

Date_2: 08/29/2024