JA NMCARS Annex 1_Redacted.pdf

ANNEX 1 - JUSTIFICATION AND APPROVAL

J&A No.20-00031

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

This justification is executed by the Naval Medical Logistics Command (NMLC), Fort Detrick, MD, on behalf of the Navy to meet the requirements for various Navy Medical Treatment Facilities (MTFs).

2. Description of the Action Being Approved.

The proposed action is for corrective and annual routine maintenance and training curriculum/licenses for PerioLase® MVP-7 Surgical Laser systems at various Navy MTFs. The Government intends to award a Firm, Fixed-Price (FFP), Indefinite Delivery, Indefinite Quantity (IDIQ), Single Award Task Order (SATO) contract. The proposed source is Millennium Dental Technologies, Inc. (Millennium Dental), 10945 South Street, Suite 104-A, Cerritos, CA 90703.

3. Description of Supplies/Services.

The requirement is to procure corrective and annual routine maintenance and training curriculum/licenses for PerioLase® MVP-7 Surgical Laser systems at various Navy MTFs. The requirement is for a five year ordering period and shall start 21 September 2020.

The vendor shall provide corrective and annual routine maintenance for purchased PerioLase® MVP-7 Surgical Laser systems at Navy MTFs worldwide. The corrective and annual routine maintenance shall cover unscheduled repairs, including parts and labor, as well as annual routine service. Over the term of the IDIQ contract, the vendor shall provide corrective and annual routine maintenance coverage for up to 200 units. Corrective and annual routine maintenance are currently required at the following MTFs:

• Naval Postgraduate Dental School (NPDS), Bethesda, MD

• Branch Health Clinic (BHC) Mayport, FL

• BHC North Island, Naval Air Station (NAS) San Diego, CA

• Naval Hospital (NH) Jacksonville, FL

• Naval Dental Center (NDC) Camp Lejeune, NC

• USNH Yokosuka, Japan

• Naval Health Clinic (NHC) Great Lakes, IL

• BHC Groton, CT

• NHC Oak Harbor, WA

• BHC Iwakuni, Japan

• Naval Medical Center (NMC) Portsmouth, VA

• NHC Quantico, VA

• NMC San Diego, CA

• NDC Okinawa, Japan

• USNH Naples, Italy

• NHC Annapolis, MD

• NH Pensacola, FL

• NDC Camp Pendleton, CA

• 13th Dental Company, Miramar, CA

• 23rd Dental Company, Twentynine Palms, CA

• BHC NAS Norfolk, VA

• NHC Hawaii, Pearl Harbor, HI

The vendor shall provide Original Equipment Manufacturer (OEM) end user training curriculum/licenses to perform Laser Assisted New Attachment Procedure (LANAP) and Laser Assisted Peri-Implant Procedure (LAPIP) protocol while executing periodontal procedures. Over the term of the IDIQ contract, the vendor shall provide a maximum of up to 25 curriculum/licenses for NPDS trained residents.

The vendor shall be an Original Equipment Manufacturer (OEM) authorized dealer, authorized distributor or authorized reseller such that OEM corrective and annual routine maintenance are provided and maintained by the OEM. All software licensing and corrective and annual routine maintenance associated with the equipment/system shall be in accordance with the OEM terms and conditions.

Defense Health Program (DHP) Navy Fiscal Year 20 funds will be used to procure the initial requirements for corrective and annual routine maintenance.

4. Statutory Authority Permitting Other Than Full and Open Competition.

The statutory exception permitting other than full and open competition for this acquisition is 41 USC 1901 as per FAR 13.501.

5. Rationale Justifying Use of Cited Statutory Authority.

Market research was conducted in December 2019 through June 2020. It included a search of the Internet using Google, Bing, GSA Advantage, and the ECRI Sourcebook. Millennium Dental is the sole manufacturer and distributor of the PerioLase® MVP-7 Surgical Laser system currently utilized at Navy MTFs. Millennium Dental is the only vendor that can provide OEM corrective and annual routine maintenance for the PerioLase® MVP-7 Surgical Laser system. The training curriculum and licenses are proprietary to Millennium Dental. Millennium Dental is the only vendor that can provide the curriculum/licenses for the PerioLase® MVP-7 Surgical Laser system.

No other vendor can provide corrective and annual routine maintenance and training curriculum/licenses for the PerioLase® MVP-7 Surgical Laser systems. Therefore, only Millennium Dental meets the minimum requirements of the Government.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

This requirement will be posted to FedBizOpps in accordance with FAR 5.202. Market research was conducted by technical experts from December 2019 through June 2020. This research consisted of reviews of similar previous procurements and a market survey through search engines of open market contractors and Federal Supply Schedule contractors. Search engines utilized include Google, Bing, GSA Advantage and the ECRI sourcebook catalog. No other vendors can provide can provide corrective and annual routine maintenance and curriculum/licenses for the PerioLase® MVP-7 Surgical Laser systems.

A notice of intent was posted on 22 June 2020 inviting interested parties to provide a capability statement. No other sources provided a response to the notice.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer shall determine that the anticipated cost to the Government of the services covered by this J&A to be fair and reasonable by conducting a price analysis before an award is made. In addition, the Government anticipates that the negotiated contract price will reflect a discount from the vendor’s commercial price list and anticipates that a fair and reasonable price can be negotiated.

8. Actions to Remove Barriers to Future Competition.

Future requirements will be synopsized in accordance with FAR 5.203. For the reasons set forth in Paragraph 5, NMLC has no plans at this time to compete future contacts for the types of services covered by this document. If another potential source emerges, NMLC will assess whether competition for future requirements is feasible.

(See certifications and approvals on next page.)

J&A No. 20-00033

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

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

COMPETITION ADVOCATE CERTIFICATION ($700k - $13.5M)

SENIOR PROCUREMENT EXECUTIVE APPROVAL (>$13.5M)

Upon the basis of the above justification, I hereby approve, as Senior Procurement Executive of the Navy, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C.

2304(c)(x)(provide appropriate citation).

N/A________________________________________________ Head of Contracting Agency Date

ANNEX 1 - JUSTIFICATION AND APPROVAL