JA Draeger Japan_Redacted.pdf

[ Enter security markings here -- or delete this text. ] FOR OFFICIAL USE ONLY - Source Selection Information – See FAR 2.101 and 3.104

DHA PGI 208.405-6, Attachment 1 (06-21-2018)

ATTACHMENT 1

LIMITED SOURCE JUSTIFICATION TEMPLATE

for

Acquisitions Conducted Under Federal Acquisition Regulation (FAR) Subpart 8.4 Federal Supply Schedules

(June 21, 2018)

Limited Source Justification

Federal Acquisition Regulation (FAR) 8.405-6

J&A Tracking No.

1. Identification of the agency and contracting activity: The Defense Health Agency, Contracting Office - Western Markets Contracting Division, plans to place an order, on a limited source basis, against a General Services Administration (GSA) Federal Supply Schedule (FSS) contract.

2. Nature and/or Description of Action being approved: This J&A authorizes the use of limited source for the procurement of Draeger maintenance service. Currently, Naval Hospital Yokosuka, Misawa Air Base Medical Clinic and Yokota Air Base Medical Clinic require this preventative maintenance.

3. Description of Supplies/Services required to meet the agency’s needs: Naval Hospital Yokosuka, Misawa Air Base Medical Clinic and Yokota Air Base Medical Clinic requires procurement the preventive maintenance service including on call and emergency service for Draeger Apollo units, Perseus A500 and vaporizers. Maintenance service for Apollo units, Perseus A500 and vaporizers are required bi-annually. Redundancy is required for identical methods and technology to avoid a single point of failure, to maximize availability and minimize operator maintenance. Period of Performance for each location is below.

Yokosuka Basic Year: 21April2023 through 20April2024 Option Year I: 21April2024 through 20April2025 Option Year II: 21April2025 through 20April2026 Option Year III: 21April2026 through 20April2027 Option Year IV: 21April2027 through 20April2028 The total estimated value

Misawa Base: 1 May 2023 to 20 April 2024 Option Year I: 21April2024 through 20April2025 Option Year II: 21April2025 through 20April2026

Option Year III: 21April2026 through 20April2027 Option Year IV: 21April2027 through 20April2028 The total estimated value

Yokota Base year: 01September 2023 through 20April2024 Option Year I: 21April2024 through 20April2025 Option Year II: 21April2025 through 20April2026 Option Year III: 21April2026 through 20April2027 Option Year IV: 21April2027 through 20April2028 The total estimated value

4. This acquisition is conducted under the authority of the Multiple Award Schedule Program, 41 U.S.C. 152(3) and 40 U.S.C. 501, and Regulatory Authority FAR 8.405- 6(a)(1)(i)(B) – Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized. (see FAR 8.405-6 Limited Sources).

5. Rationale Justifying Use of the Regulatory Authority Cited: Draeger Medical is the original manufacturer of above equipment items. Draeger Medical equipment is proprietary and can only be serviced by Draeger Medical and affiliated agencies. Draeger Medical Japan, the Japanese affiliate of Draeger Medical is the sole official business source in Japan that provides direct sales and maintenance services to Draeger Medical products. The company doesn’t allow third party vendors to conduct service maintenance or repairs on their equipment.

6. Determination by the ordering activity contracting officer that the order represents the best value consistent with FAR 8.404(d): Draeger Medical is the only vendor who can maintain their items, this will be best value and only availability.

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

Naval Hospital Yokosuka, Misawa Air Base Medical Clinic and Yokota Air Base Medical Clinic personnel had conducted market research. Unfortunately no other sources they can find but Draeger Medical themselves and affiliated agencies.

8. Other Facts: Draeger Japan has been providing those maintenance and repair service for Naval Hospital Yokosuka, Misawa Air Base Medical Clinic and Yokota Air Base Medical Clinic in the past years. Due to MTF locations, personnel only reached out to Draeger Japan but Draeger U.S. is able to assist for this requirement then send local technician in Japan for those maintenance and repair services. This option may incur additional cost due to international travel.

9. Actions to overcome barriers: DHA Western Markets Contracting Division will continue to survey and engage the market of Draeger service maintenance and consider competing future requirements if there are other vendors capable of meeting the requirements and interested in providing the required services.

NOTE: Review/Approval Requirements are based on dollar threshold and whether or not the action is a Bridge Action (see DHA PGI 208.405-6 for details). Delete all informational and instructional text (i.e., italicized text) in final draft, prior to review and coordination.

COORDINATION:

12. Technical/Functional Representative:

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

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[Insert Name (Printed)] Date [Insert Title: Program Manager, Functional Service Manager, etc.

13. Requirements Certification:

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

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[Insert Name of J Director (or designee] Date [Insert title of Responsible J Director, insert J-Directorate Office]

14. Best Value Determination:

I have determined that this contract action represents the best value to the Government and that the anticipated cost to the Government is fair and reasonable, in accordance with FAR 8.404(d).

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[Insert Name] Date Contracting Officer, Choose an item.

DHA PGI 208.405-6, Attachment 1 (06-21-2018)

[ Enter security markings here -- or delete this text. ] FOR OFFICIAL USE ONLY - Source Selection Information – See FAR 2.101 and 3.104

15. Legal Review:

I have reviewed this justification and have found it to be legally sufficient. (Note: All J&A’s must be reviewed by Office of General Counsel (OGC)/Legal Review.)

Brent Osgood Date Office of General Counsel

APPROVAL:

Note: The below approval block(s) shall be moved to “Coordination” above, based on the approval level required (see DHA PGI 208.405-6 for the appropriate approval authority).

Delete signature blocks for higher level authorities that are not required. For example, if the Competition Advocate is the Approval Authority, delete the Head of Contracting Activity and Senior Procurement Executive signature blocks.

16. Contracting Officer: This certification shall be made by the contracting officer who will sign the contract resulting from this justification and approval (J&A). Include the following statement:

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

Cassi Jo Newman . Date Contracting Officer, Choose an item.

17. Competition Advocate:

Based on the foregoing justification, I hereby approve the procurement of (state supplies/ services being procured) on a limited or restricted consideration basis pursuant to the authority of Choose an item., subject to availability of funds, and provided that the supplies and/or services herein described have otherwise been authorized for acquisition.

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[Insert Name] Date Competition Advocate (J-4)

18. Head of Contracting Activity (or designee):

OSGOOD.BRENT.FARRIS.1

260395803

Digitally signed by

OSGOOD.BRENT.FARRIS.1260395803

Date: 2023.04.17 10:34:44 -06'00'

NEWMAN.CASSI.JO.123932

Digitally signed by

NEWMAN.CASSI.JO.1239326257

Based on the foregoing justification, I hereby approve the procurement of (state supplies/ services being procured) on a limited or restricted consideration basis pursuant to the authority of Choose an item., subject to availability of funds, and provided that the supplies and/or services herein described have otherwise been authorized for acquisition.

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[Insert Name] Date Head of Contracting Activity (HCA) (J-4)

19. Director of Defense Health Agency, Senior Procurement Executive. (Authority is not delegable, except in the case of the Under Secretary of Defense for Acquisition, Technology, and Logistics, acting as the SPE for the DoD).

Based on the foregoing justification, I hereby approve the procurement of (state supplies/ services being procured) on a limited or restricted consideration basis pursuant to the authority of Choose an item., subject to availability of funds, and provided that the supplies and/or services herein described have otherwise been authorized for acquisition.

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[Insert Name] Date Senior Procurement Executive (SPE)