FAR 13 SSJ_fully signed.pdf

SOLE SOURCE JUSTIFICATION

In accordance with FAR 13.106-1(b), 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.

1. Identification of the agency and the contracting activity:

Uniformed Services University of the Health Sciences’ Acquisition Directorate

2. Nature and/or description of the action being approved:

Issuance of a sole source award.

3. Description of the supplies or services required to meet the agency’s needs (including estimated value and all options):

The Sonosite Edge II machine is the only portable ultrasound machine that will meet the requirements of the Ultrasound instruction program at USUHS. The estimated value of this requirement is $107,793.24.

4. Identification of the statutory authority permitting other than full and open competition:

FAR 13.106-1(b)(1) – Soliciting from a single source.

5. Demonstration that the proposed contractor’s unique certifications or the nature of the acquisition requires use of the authority cited:

The required device is must be both durable and portable and match with the 14 devices that are currently in use at USU. This is imperative to maintain training standards for the medical students training. Additionally, SonoSite has confirmed that they are the only distributor of new machines and that all other companies only provide refurbished machines. Therefore, Sonosite Edge II machine from Sonosite is the only item that will meet the requirements of the Government.

6. Procedures of FAR 13.5 were or will be used in accordance with 41 USC 1901 or the authority of 41 USC 1903 (including publicizing required justifications): Yes X No

7. Description of market research conducted and the results, or a statement of the reason market research was not conducted:

Market research was conducted and found that new FUJI Sonosite Edge II devices are only available from FUJIFILM.

8. Any other facts supporting the use of full and open competition:

In the preceding requirement, HU000118PT188, a sole source notice was initially posted on FBO, and an RFQ email was going to be sent directly to FujiFilm SonoSite, Inc. However, after receiving several responses from vendors who stated they could also fulfill the requirement, the contract specialist made amendments to their pre-sol file documentation and decided to post a brand name sole-source solicitation instead. Nine responses were received, and the award was ultimately given to 3T Federal Solutions, LLC. One day after the award was distributed, FujiFilm SonoSite reached out to the contract specialist expressing concerns about the award. FujiFilm confirmed that they were the sole source supplier of new SonoSite equipment to the government, and that they do not distribute new equipment to any resellers or third party vendors. Therefore, if any awards were made to resellers, it was for used/refurbished equipment. This created an issue.

9. Listing of the sources, if any, that expressed, in writing, an interest in the acquisition:

FUJI Film Sonosite Incorporated

10. Statement of the actions, if any, the agency may take to remove or overcome any barrier to competition before any subsequent acquisition for the supplies or services required:

The Government will continue to monitor the Marketplace to attempt to remove the barriers to competition.

Customer: Lt Col. Michael Stone

Signature Date

Contracting Officer: I hereby certify that the justification is accurate and complete to the best of my knowledge and belief, and I have determined that the anticipated cost to the Government will be fair and reasonable.

☐ Approved ☐ Disapproved

Competition Advocate: Victoria Cunningham, Deputy Director of the Acquisitions Directorate

☐ Approved ☐ Disapproved loliver Approved