Drager JA_FY22_1-28-2022_Redacted.pdf

Control No: 22-RHCO-C-109 Dräger Maintenance Services

Version � September 2018 FOR OFFICIAL USE ONLY

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS-SOLE SOURCE JUSTIFICATION AND

APPROVAL

Program/Equipment: New contract with Dräger, Inc., inspection maintenance activities to ensure optimized uptime of Dräger Apollo/Fabius anesthesia equipment and budget security, to include, Scheduled Labor and Travel to perform the Original Equipment Manufacturer�s (OEM's) Periodic Manufacturer's certification, electrical safety checks, and software updates for Evans Army Community Hospital (EACH), Fort Carson, Colorado.

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items.

Amount:

Prepared by:

Contracting Officer:

Technical:

Requirements:

Date: 28 January 2022

Version � September 2018 FOR OFFICIAL USE ONLY

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items

� Sole Source Justification and Approval

1. Contracting Activity: Regional Health Contracting Office-Central, Joint Base San Antonio, Ft Sam Houston, Texas

2. Description of Action: The Regional Health Contracting Office � Central requests approval for a firm-fixed-price sole source contract with Dräger, Inc., for Apollo/Fabius anesthesia maintenance services for Evans Army Community Hospital (EACH), Fort Carson, Colorado. The period of performance is 13 April 2022 to 12 April 2023, with four 12-month option periods. The base year will utilize fiscal year 2022, DHP Operations and Maintenance funds.

X An acquisition Strategy has been executed and is in the file.

3. Description of Supplies/Services: Evans Army Community Hospital (EACH), Ft Carson, Colorado, requires maintenance services for Dräger Apollo/Fabius Anesthesia equipment and accessories.

a. This requirement is for inspection maintenance activities to ensure optimized uptime of Dräger Apollo/Fabius anesthesia equipment and budget security including scheduled and unscheduled Labor and Travel to perform the Original Equipment Manufacturer�s (OEM) Periodic Manufacturer's certification, electrical safety checks, and software updates for Evans Army Community Hospital, Ft Carson, Colorado.

b. This requirement is for on-site maintenance service for the contractor to provide Total Care Maintenance Service Agreement to include all resources, labor, travel, transportation, parts, materials, equipment, and management necessary to keep the medical equipment in good operating condition and to perform all scheduled and unscheduled maintenance of the equipment.

Delivery Period: 13 April 2022 to 12 March 2023. Total Value:

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 (or 41 U.S.C. 1903 for Special Emergency Procurement) as implemented by FAR Subpart 13.5:

X Other: Federal Acquisition Regulation 13.501(a) (1) (ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items.

5. Reason for Authority Cited: Dräger is the original manufacturer of the existing Dräger Apollo/Fabius Anesthesia equipment and only uses original parts for servicing these devices. Dräger guarantees that their (Dräger) Services are only performed by Dräger-trained technicians, who have evidence of current factory training on the specific

Version � September 2018 FOR OFFICIAL USE ONLY device being serviced. In order to provide the certified services, which are critical to the Department of Defense mission of providing patient care, a sole source contract with Dräger is required. Dräger is the only company that provides the certified support for the continuation of this requirement, because they are the provider of the required services for the anesthesia equipment that is currently in use. Dräger does not track, verify, certify or authorize the quality of third-party maintenance and repair services and does not validate that they use OEM parts. Therefore; parts, services and software updates provided a third party vendor cannot be verified as being compatible with the existing equipment.

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered.

a. Effective Competition: The Contracting Officer published the Notice of Intent to award a Sole Source contract on beta.SAM.gov 4-11 January 2022. One company responded other than Dräger, stating that they could support the requirement. However, Dräger has provided an OEM Letter stating that they do not have any authorized/certified third-party providers.

b. Subcontracting Competition: Anesthesia maintenance services are customarily available in the commercial market place. Historically, and to date, these companies do not provide subcontracting opportunities. One small business entity responded to the notice of intent to sole source that was posted on beta.SAM.gov, stating that they could support the requirement. However, Dräger has provided an OEM Letter stating that they do not have any authorized/certified third-party providers. A Determination and Findings memo is in the file confirming the lack of subcontracting opportunities

7. Actions to Increase Competition: Previous solicitations and market research indicate that potential competition exists. When the existing equipment reaches its end-of-life, market research will be conducted for the follow-on requirement to ascertain if there are multiple vendors that are available to compete for the requirement.

8. Market Research: Based on market research and the fact that Dräger does not have any authorized/certified third-party partners (an OEM letter is in the file), it is in the best interest of the Government to solicit and award this requirement as a sole-source acquisition to Dräger, Inc.

9. Interested Sources: Previous solicitations and market research indicate that potential competition exists. When the existing equipment reaches end-of-life, market research will be conducted for the follow-on requirement to ascertain if there are multiple vendors that are available to compete for the requirement.

10. Other Facts: Discuss any other facts supporting the use of other than full and open competition, such as the following:

a. Procurement History:

(1) Contract numbers and dates of the last several contracts for these same

Version � September 2018 FOR OFFICIAL USE ONLY requirements.

Not applicable.

(2) The competitive status of these actions.

Contract W81K00-19-P-0150 was awarded to Dräger, Inc, Sole-source acquisition.

(3) Authority previously cited if less than full and open competition was used.

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

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results. Dräger, Inc., is the sole-authorized and certified supplier of parts and services for the equipment that they manufacture for equipment under the brand name Dräger, Inc. All replacement parts manufactured and marketed by Dräger, Inc., are compliant with original equipment manufacturer specifications. The anesthesia units, Apollo/Fabius and components are specific to Dräger, Inc.

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources. Contract W81K00-19-P0150 was awarded to Dräger, Inc., as a sole source acquisition.

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys. Not applicable.

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes. Not applicable.

b. Class J&A: This Class J&A will cover all future actions for these items/services (as appropriate). Each action will be supported by a memorandum for record stating the action is within the scope of the class J&A in each contract file. Not applicable

(End of page)

Version � September 2018 FOR OFFICIAL USE ONLY

11. Technical 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:

12. 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:

Title: Signature:

Version � September 2018 FOR OFFICIAL USE ONLY

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following: cost analysis price analysis should cost IGCE audit: other

As a part of this basis, certified cost or pricing data:

will be required.

will not be required and the following exception applies (FAR 15.403):

Prices that will be agreed upon are based on adequate price competition.

Prices that will be agreed upon are based on prices set by law or regulation.

A commercial item is being acquired.

A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

The contract action is a modification to a contract or subcontract for commercial item(s).

The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

Title: Contracting Officer Signature:

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

Title: Contracting Officer Signature: