A02-Fluke Calibration-Part 13 - JA Sole Source FAR Part 13 - (15 May 24)_final-Redacted.pdf

CUI

Control Number: JA-24-04-1526

CUI

Source Selection Information - See FAR 2.101 and 3.104-4

OCT 2023

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: US Army Medical Research Acquisition Activity (USAMRAA)

2. Description of Action: US Army Medical Material Development Activity (USAMMDA) is requesting a firm fixed price contract for the procurement of a fully complete calibration standard sets which are needed to maintain (i.e., complete verification, calibration, and repair) the Fluke VT900A+VAPOR gas flow analyzer +VAPOR Anesthesia Tester, which is sold only by Fluke Electronics Corporation. Appropriation is Fiscal Year (FY) 23 3-year Other Procurement Activity (OPA), Army funding. There is no cost share or associated fixed fee.

3. Description of Supplies/Services: The purpose of this requirement is to procure two

(2) calibration standard sets which consist of seventeen (17) components. This calibration standard set is used to perform calibrations on the Fluke VT900A+VAPOR gas flow analyzer +VAPOR Anesthesia Tester. The analyzers and testers are then used to verify and calibrate various medical devices such as ventilators, suction devices, anesthesia machines, oxygen concentrators and vaporizers to the manufacturer specifications. The total estimated price for the requirement is $306,638.00.

4. Authority Cited: 41 United States Code 1901 as implemented in 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: Fluke Electronics Corporation is the sole provider of the fully complete calibration standards required for the Fluke VT900A+VAPOR gas flow analyzer +VAPOR Anesthesia Tester. The components within the calibration set are sold by Fluke as well as other vendors, however, only Fluke Electronics Corporation is able to provide the government one (1) fully complete calibration standard set, otherwise the government would have to make multiple purchases and pay multiple shipping expenses from various vendors, thus provides a cost savings for the government. The fully complete calibration standard sets is NOT sold/available/provided by other vendors. Fluke Electronics Corporation is the sole provider of the fully complete calibration standard set for the Fluke analyzer and testers.

Controlled by: Defense Health Agency (DHA) Controlled by: USAMRAA CUI Category(ies): Source Selection Limited Dissemination Control: FEDCON POC: Jamie Diggs, (301) 514-0708

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Source Selection Information - See FAR 2.101 and 3.104-4

Additionally, Fluke Electronics Corporation has trained Army depot personnel located at Medical Maintenance Operations Division in California (MMOD-CA) and US Army Medical Logistic Command (USAMMC) located in Germany, on these specific components, to perform these calibrations on the Fluke analyzers and testers, which presents an additional cost savings for the government since this service is now being performed in-house by Army and does not need to be performed by an outside party.

6. Efforts to Obtain Competition: A request for information (RFI)/Sources Sought was conducted via GSA Advantage and SAM.gov. in April 2024, which resulted in only 1 response received on GSA Advantage, which was from Fluke Calibration (as subsidiary of Fluke Electronics Corporation), who indicated that only some of the components (within the calibration standard set) are available under their GSA Advantage contract, others are not. Additionally, Fluke Calibration also indicated some of the components listed are not available through Fluke Calibration as they are sold by other vendors.

Therefore, the entire calibration standard set cannot be purchased via GSA Advantage or from Fluke Calibration, but rather only from Fluke Electronics Corporation.

a. Effective competition: No competition anticipated as this will be a direct award to Fluke Electronics Corporation.

b. Subcontracting competition: No subcontracting opportunities available as Fluke Electronic Corporation is the sole provider of the required calibration standard set.

7. Actions to Increase Competition: Future requirements will be synopsized in accordance with FAR 5.203. USAMRAA will take appropriate action to increase competition to the maximum extent practicable (based on results of market research) in the event subsequent requirements are identified. If another potential source emerges, USAMRAA will assess whether competition for future requirements is feasible.

8. Market Research: In accordance with DFARS PGI 206.302-1, the Request for Information/Sources Sought was conducted via GSA Advantage and SAM.gov. in April 2024, which resulted in only 1 response received on GSA Advantage, which was from Fluke Calibration (as subsidiary of Fluke Electronics Corporation), who indicated that only some of the components (within the calibration standard set) are available under their GSA Advantage contract, others are not. Additionally, Fluke Calibration also indicated some of the components listed are not available through Fluke Calibration as they are sold by other vendors. Therefore, the entire calibration standard set cannot be purchased via GSA Advantage or from Fluke Calibration. The “notice of intent award a sole source” was posted on the SAM.gov under “Contract Opportunities” in accordance with FAR 5.201. The notice was posted on 30 April 2024 for 14 calendar days, closing on 14 May 2024. ITC Electronics responded on 30 April 2024, however the government requested a copy of their capabilities, no response was received. No other sources

CUI

Source Selection Information - See FAR 2.101 and 3.104-4 have written to express an interest.

Although there are other vendors capable of providing some of the components within the calibration standard set, only Fluke Electronics Corporation is capable of providing the fully completed calibration set comprised of all seventeen (17) components, thus providing a time and cost savings avoiding multiple shipping charges. The fully complete calibration standard set is then used to calibration the Fluke VT900A+VAPOR gas flow analyzer +VAPOR Anesthesia Tester. The Army depot personnel located at MMOD-CA and USAMMC-Germany have both been trained by Fluke Electronics Corporation to perform the required calibrations, so no additional 3rd party is needed for this service.

9. Interested Sources: To date, a total of 2 responses were received. One response was received as a result of the RFI/Sources Sought on GSA Advantage, which was from Fluke Calibration (as subsidiary of Fluke Electronics Corporation), who indicated that only some of the components (within the calibration standard set) are available under their GSA Advantage contract, others are not. Fluke Calibration also indicated some of the components listed are not available through Fluke Calibration as they are sold by other vendors. The other response was received in response to the “Notice of Intent to award a Sole Source,” which was from ITC Electronics on 30 April 2024, however the government requested a copy of their capabilities, no response was received. No other sources have written to express an interest.

10. Other Facts:

a. Procurement history.

(1) Contract number: W81XWH22P0137 Effective date: 21 Sep 2022 Contractor: Fluke Electronics Corporation Total award amount: $549,640.00

(2) Competitive status: Sole Source

(3) Authority: 41 United States Code (USC) as implemented in Federal Acquisition Regulation (FAR) 13.501(a)(1)(ii) sole source under the authority of the simplified procedures for certain commercial items.

(4) Reason for Authority Cited: The Fluke VT900A + VAPOR gas flow analyzer was selected to replace the Fluke VT Plus gas flow analyzer and the Riken anesthetic gas analyzer which are currently in use across the Army. The VT900A + VAPOR gas flow analyzer was selected through the established modernization process at USAMMDA. The Army intends to procure Fluke VT900A + VAPOR gas flow analyzers and field them to deployable units. Deployable Army units will use the VT900A +

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Source Selection Information - See FAR 2.101 and 3.104-4

VAPOR gas flow analyzers to validate and calibrate various medical devices such as ventilators, suction devices, anesthesia machines, oxygen concentrators and vaporizers to the manufacturer specifications.

The Fluke calibration standard sets are required to support the verification, calibration, and repair of Fluke VT900A + VAPOR gas flow analyzers. Army depot operations will use the calibration sets to perform services internal to the Army, versus sending the analyzers back to the manufacturer. The Fluke calibration set is required to support the specific make/model of Test, Measure, Measure and Diagnostic Equipment (TMDE) the Army procures. The Fluke Vapor Add- on Feature, BMS Service, VT Test Bench Vapor Add on Feature, and Training / Installation is the only test bench that can be used to verify, calibrate, and repair the VT900A + VAPOR gas flow analyzer. Fluke does not license other vendors or third parties to sell and provide training, maintenance, or support for their TMDE equipment without voiding the Original Equipment Manufacturer (OEM) warranty. Since 2012, calibration of the VT Plus gas flow analyzer was performed in-house by maintenance personnel which saved the Army approximately $2.3M over a 10-year period. Based on current calibration pricing for the VT900A + Vapor gas flow analyzer, the estimated annual cost to the Army would be approximately $270K if the Army used the OEM for annual calibration. The Army will save approximately $2.7M over a 10-year period by completing this annual calibration in-house.”

(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.

Not applicable. Full and open competition has not been previously used.

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys.

Not applicable. There is no known unusual historical patterns.

(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.

The difference between USAMMDA’s request in contract no. W81XWH22P0137 and this new request, the initial request in contract no. W81XWH22P0137 requested test benches and Calibration Standard Sets. This new request is just for the Calibration Standard Sets.

b. Other facts. None

CUI

Source Selection Information - See FAR 2.101 and 3.104-4

OCT 2023

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.

Signature: ________________________________Date: ________________________

Typed Name: Kenneth Howland Title: Assistant Program Manager

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.

Signature: ________________________________Date: ________________________

Typed Name: Kenneth Howland Title: Assistant Program Manager

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

Signature: ________________________________Date: _____15 May 2024________

Typed Name: _Julia (Julie) L. Burns___________ Title: Contracting Officer

14. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature: ________________________________Date: ___15 May 2024_________

Typed Name: _Julia (Julie) L. Burns___________ Title: Contracting Officer

CUI

Source Selection Information - See FAR 2.101 and 3.104-4

OCT 2023

Approval

Based on the foregoing justification, I hereby approve the procurement of calibration standard sets on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901 as implemented by FAR 13.501, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature: ________________________________Date: ______15 May 2024_______

Typed Name:___Julia (Julie) L. Burns________ Title:___Contracting Officer_________