Class JEFO - Ventilators_Redacted.pdf

CLASS JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

(JEFO) PORTABLE VENTILATORS

(1) The Defense Logistics Agency (DLA) Troop Support, Medical Supply Chain, Capital Equipment Division, is the contracting activity.

(2) The action submitted for approval is a Class JEFO for the acquisition of Portable Ventilators on an other than full and open competition basis, under the following contract numbers: Zoll Medical’s Patient Monitoring and Capital Equipment (PMCE) Contract SPE2D1-19-D-0011, which expires on January 13, 2029; Hamilton Medical’s PMCE Contract SPE2D1-19-D-0021, which expires on July 21, 2029; Combat Medical’s Corporate Exigency Contract (CEC) number SPE2D0-14-D-0001, which expires on February 18, 2024; Draeger Medical, Inc., PMCE contract SPE2D1-14-D-7000 which expires on August 5, 2024; GE Datex-Ohmeda Inc.

PMCE contract SPE2D1-19-D-7007, which expires on March 5, 2029; and Zoll Medical’s Corporate Exigency Contract (CEC) SPE2D1-17-D-0043, which expires on September 29, 2022. All of these contracts are multiple award contracts utilizing FAR 16.505 procedures and generally requires each awardee a fair opportunity to be considered for orders exceeding $3,500.

(3) This acquisition is being established to allow for the necessary and urgent purchases of Portable Ventilators. The specific ventilators that will be procured under this action are: ZOLL EMV + model, Hamilton T1, C1, C3, and G5 models, Combat Medical SAVe II model (manufactured by AutoMedx), Draeger Evita Infinity model and GE Carescape model.

Comparable models may also be purchased from these vendors, as well as consumables and accessories required to clinically use the ventilators. The total maximum dollar value of this procurement action is $2,000,000,000.

(4) The authority waiving the competition requirements is FAR 16.505(b)(2)(i)(A): the agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

On March 13, 2020, President Trump declared a national emergency in response to the emerging threat of the Coronavirus (COVID-19) pandemic in the United States. This procurement is part of the Department of Defense’s mission to support the US Government’s response to the pandemic. The proposed acquisition is urgently required to meet the overwhelming demand for portable ventilators used to treat patients suffering from the COVID-19 viral infection. The initial DLA Troop Support purchases of portable ventilators were insufficient to meet the Government’s needs based on the escalating crisis and it is now believed the duration and scope of emergency will be considerably greater than originally anticipated. A large part of the original quantity of ventilators that were purchased by DLA under an earlier ventilator JEFO, approved on March 27, 2020, will now be taken by the Federal Emergency Management Agency (FEMA).

As a result, this JEFO will be used to cover the original requirements that were ordered under the first JEFO and also will support additional quantities identified as required by FEMA, other Federal Agencies and the Department of Defense for the national emergency response. Finally, this JEFO will be used to backfill ventilators that have been and may be provided from military services to civilian medical treatment facilities where the supply of this equipment is inadequate to handle the treatment of COVID-19 cases, particularly in areas where the virus is rapidly spreading and has overburdened the existing capability of those medical facilities. Without these ventilators the most critically ill patients will likely die. DLA Troop Support is proposing to contract with all known CEC and PMCE vendors who have portable ventilators on contract and who can supply the portable ventilators over the next nine (9) months. The only known vendors who have existing CEC and PMCE contracts with Troop Support and who can provide ventilators required by the Government are Zoll Medical, Draeger Medical, GE Datex-Ohmeda, Combat Medical and Hamilton Medical.

Orders and deliveries are forecasted to take place over a 270 day (nine (9) month) period. The total maximum dollar value of $2,000,000,000.00

(5) The contract pricing on the six (6) contracts listed in element two (2) has previously been determined fair and reasonable via comparison with commercial pricing, commercial invoices, and other than certified cost or pricing data. In view of this earlier determination, the Contracting Officer has determined that the anticipated cost will be fair and reasonable to the Government.

(6) There are no other facts supporting the use of this authority.

(7) DLA Troop Support will attempt to locate other acceptable sources by performing market research for requirements as they arise; however, any new item would be required to meet the government’s requirements including production and delivery lead times

LA will continue to engage with other ventilator manufacturers to determine if they can meet government requirements for responding to the COVID-19 pandemic in the United States hould any other existing or future CEC or PMCE contract holder subsequently be able to meet the continuing urgent requirements for portable ventilators during the nine (9) month delivery period, Troop Support will consider adding them to this class

JEFO.

(8) As the Contracting Officer, I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief.

Date

I hereby certify that the requirements that form the basis of this justification are accurate, that these supplies meet the Government's minimum needs and that this justification is accurate and complete to the best of my knowledge and belief.

I have reviewed this justification and recommend approval.

I have reviewed this justification for legal sufficiency.

I have reviewed this justification for legal sufficiency.

I have reviewed and hereby approve this justification.