FY22 JA HOLOGIC MAMMO UNITS_Redacted.pdf

Control No: 22-RHCO-C-224 Hologic Mammography Unit 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: Requirement is for inspection maintenance activities to ensure optimized uptime of Government-owned Hologic Mammography 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 William Beaumont Army Medical Center at Ft Bliss, TX.

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: Phone: ( Contract Specialist Date: 1 June 2022 Email:

Contracting Officer: Phone:

Supervisory Contracting Officer Date: 1 June 2022 Email:

Technical:

Requirements:

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 Hologic, Inc., for maintenance services for the Mammography Units at William Beaumont Army Medical Center at FT Bliss, TX. The period of performance is 1 July 2022 to 30 June 2023, with two (2) 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: William Beaumont Army Medical Center, Ft Bliss, TX, requires maintenance services for Hologic Mammography Units equipment and accessories.

a. This requirement is for inspection maintenance activities to ensure optimized uptime of Hologic Mammography Units, 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 William Beaumont Army Medical Center at Ft Bliss, TX.

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: 1 July 2022 to 30 June 2023. Annual cost is for the base and each of the two option periods, for a total Value of

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: Hologic is the original manufacturer of the existing Hologic Mammography Units equipment and only uses original parts for servicing these devices. Hologic guarantees that their services are only performed by Hologic-trained

Version – September 2018 FOR OFFICIAL USE ONLY technicians, who have evidence of current factory training on the specific devices 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 Hologic is required. Hologic 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 Mammography Units equipment that is currently in use. Hologic 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 published the Notice of Intent to award a Sole Source contract on beta.SAM.gov 24 - 31 May 2022. The Remi Group and CenMed responded, stating that they could support the requirement. However, Hologic has provided an OEM Letter stating that they do not have any authorized/ certified third-party providers.

7. Actions to Increase Competition: 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 Hologic 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 Hologic, Inc.

9. Interested Sources: Market research indicates 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 requirements.

Not applicable.

(2) The competitive status of these actions.

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

(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. Not applicable.

(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. This equipment was purchased via Defense Logistics Agency (DLA) contracts ECN: 75945 - SPE2D1-17-

D0027/SPE2D1-19-F-0543, ECN: 75944 - SPE2D1-17-D0027/SPE2D1-19-F-

0544, ECN: 75946 – SPE2D1-17-D0027/SPE2D1-19-F-0542. Hence, this will be the first maintenance service acquisition since WBAMC has assumed management of it.

(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: 1 June 2022

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: 1 June 2022

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.

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