JA - 0011730599 - Redacted.pdf

OTHER THAN FULL AND OPEN COMPETITION FOR AN

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

Department:

I. BACKGROUND:

The service of material listed on for competition is precluded for the reasons indicated below on this justification for other than full and open competition, in accordance with:

a. FAR 13.106-1(b)(l)(i): states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one (1) source if the Contracting Officer determines that the circumstances of the contract action deem only one (1) source reasonably available.

b. FAR 13.106-3(b)(3)(i): this memorandum explains the absence of competition for this acquisition, as only one (1) source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

a. Manufacturer Details: Provide original manufacturer’s name (if a Sole Source manufacturer distributes via dealers, include dealer information in (b) as well). Company Name:

Point of Contact:

b. Manufacturer’s Dealer / Representative Details (if applicable):

Name: Medialab, Inc.

Point of Contact:

c. Provide a description of the item or service required (include its intended use and the required delivery date (RDD) / period of performance (PoP)):

Estimated Cost: RDD / PoP:

available from the OEM. OR identify the distributor(s) / authorized technical representative(s) for the item or service. Provide evidence of the exclusive licensing agreement as an attachment to this document.

Medialab INC has executive rights to produce, distribute and maintain the software label and bundle called Medialab. No dealers qualify to work on and/or maintain the product.

(3) Form, Fit and Function. The required items are direct replacement parts / components for existing equipment and must be compatible in terms of form, fit and function with existing equipment / configurations. Provide the following information:

(a) Make and Model Number:

(b) Explanation of how direct replacement parts / components must be compatible with existing equipment (i.e. reagents & analyzers, electrical system of medical equipment, etc.).

Identify the direct replacement parts / components and explain the circumstances surrounding why the item(s) is needed and how it's compatible with existing equipment.

The Medialab INC Software Technology System License Agreement is part of the Laboratory Quality Assurance Program. This software allows the end user to maintain document control over laboratory standard operating procedures (following within the College of American Pathologist guidelines). To meet numerous accreditations requirements for the laboratory the Medialab system allows the end users the ability to stay within compliance by offering compliance test and test simulations. The Medialab software is used to post updated SOP's that are distributed to the laboratory staff. The software license agreement ensures a continuity of services for this medical center and its offsite locations.

✔ (4) Unique Features. Similar products lack features that are necessary to meet the

Government’s minimum needs (i.e. Beckman WA-96 Plus Analyzer vs Becton Phoenix M40 Analyzer). Identify the required features that are lacking from the competitor’s product:

There is not another program on the market that offers the features that our laboratory is in need of. This program allows the laboratory to stay within accreditation.

✔ (5) Other Reasons. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source or Brand Name.

Interruption to services would jeopardize the ability to stay within accreditation standards. Every document within the laboratory must be current, having up-to-date review and reflect current practices. Accurate only authorized revisions are made to documents, substantial revisions are reviewed and approved before implementation, and revisions are reflected on all copies of the documents. Documents must also be available, readily accessible to all staff utilizing them.

b. Section B:

Brand Name. Item required must be a brand name product, or feature of a product particular to one manufacturer. Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essential to the Government’s requirements and why a “brand name or equal” purchase description cannot be used (see FAR 11.104). Describe how market research indicates other companies’ similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency’s needs.

The Media lab Program is only specific to Medialab INC.

c. Section C

Unusual and Compelling Urgency. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent Requirements are supplies or services that will result in work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item / service is an urgent and compelling requirement is based on the following:

(1) Date on which the requirement was first identified:

(2) Required delivery date / period of performance:

(3) Explanation of why delivery / commencement of services by the date mentioned above is required: Explain the impact to the mission if the date above is not met, any special circumstances or conditions that exist which validate the requirement as “urgent,” estimated production lead time for the item, etc.

(4) If appropriate, include any additional pertinent information. Explain how the Government would be seriously injured.

IV. CERTIFICATIONS / APPROVALS

a. Department Representative / Technical Reviewer Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

b. Contracting Officer Requirements Certification: I certify that the justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief.

✔ The anticipated cost to the Government will be fair and reasonable.