JA post.docx

J&A No. 20-00035

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

The purpose of this amendment is to:

• Change the proposed source to AMO Sales and Services Inc.

1. Contracting Activity.

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

2. Description of the Action Being Approved.

The proposed action is for supporting newly procured and currently installed Johnson & Johnson Vision laser refractive surgery suites at Naval Hospital (NH) Pensacola, NH Bremerton, NH Camp Pendleton, NH Jacksonville, Naval Medical Center (NMC) Portsmouth, NMC Camp Lejeune, and NMC San Diego.

The maintenance contract will include all corrective maintenance, preventive maintenance, parts, labor, and travel. The Government intends on awarding a Firm Fixed Price (FFP) contract. The proposed source is AMO Sales and Services, 1700 East St. Andrew Place, Santa Ana, CA 92705.

3. Description of Supplies/Services.

The requirement is for a non-personal services contract to provide maintenance support and original equipment manufacturer (OEM) parts for currently installed and newly acquired J&J laser refractive surgery suites located at, the following seven (7) locations: laser refractive surgery suites at Naval Hospital (NH) Pensacola, and Navy Refractive Surgery Centers (NRSC), including Naval Hospital (NH) Bremerton, NH Camp Pendleton, NH Jacksonville, Naval Medical Center (NMC) Portsmouth, NMC Camp Lejeune, and NMC San Diego. The currently existing equipment in the surgical suites, which include J&J’s Star S4 IR Excimer Laser, and WaveScan WaveFront System, iDesign Wavescan Systems, and iFS Advanced Femtosecond Laser. WaveScan WaveFront Systems will reach end of service life (EOSL) during the period of performance. Support shall be provided for this equipment up to EOSL date on 1 December 2020. After 1 December 2020 support shall be provided for any replacement iFS Advaance Fentosecond Lasers, and iDesign WaveScan Systems. All laser refractive surgery suites shall be utilized to restore vision in optical refractive surgeries. Support for the laser refractive surgery suites shall include telephone support, on-site field support, and system hardware and software updates, as mandated by the Original Equipment Manufacturer (OEM), in accordance with the statement of work All parts, labor, and travel shall be included. Support shall be provided for a period of performance spanning from 30 September 2020 through 29 September 2021, with three option years from 30 September 2021 and extending through 29 September 2024.

In February 27, 2017, Abbott Medical Optics was sold to Johnson & Johnson. AMO Sales and Service is Johnson & Johnson Vision. AMO Sales and Services Inc. has not changed their name in SAM.gov. AMO Sales and Service Inc. is the only vendor that can provide support/maintenance to proprietary Johnson & Johnson Vision laser refractive surgery suites

Vendor shall be an Original Equipment Manufacturer (OEM) authorized maintenance contractor for the proposed equipment/system, such that OEM warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

NMLC intends to issue a p for 4 years total (Base period plus 3 option period) for maintenance for the laser refractive surgery suites to ensure the MTFs, (Naval Hospital Bremerton, Naval Hospital Camp Lejeune, Naval Hospital Camp Pendleton, Naval Hospital Jacksonville, Naval Medical Center Portsmouth, and Naval Medical Center San Diego), are able to maintain its mission.

DHP Operations & Maintenance FY20 funds in the amount of $577,580.70 will be used to fund the base year of the maintenance contract.

Table 1: COST OF BASE AND THREE (3 OPTION YEARS)

Table 2: LIST OF EQUIPMENT INCLUDED IN THE LASER REFRACTIVE SURGERY SUITES

EQUIPMENT LIST

NAVAL FACILITY ("SITE")

MODEL

SERIAL NO.

Quantity

Naval Hospital Bremerton

Naval Hospital Camp Lejeune

Naval Hospital Camp Pendleton

Naval Hospital Jacksonville

Naval Medical Center Portsmouth

Naval Medical Center San Diego

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, see also FAR 13.501(a)), Only One Responsible Source.

5. Rationale Justifying Use of Cited Statutory Authority.

AMO Sales and Services Inc. is the original manufacturer of this equipment. Only AMO Sales and Services Inc. technical service engineers can provide support to Johnson & Johnson Vision equipment. If another vendor were to provide services to the required equipment and the systems were rendered inoperable, it would result in unnecessary equipment downtime, delays, and invalidate all warranties. No other vendor is capable of providing maintenance services and support to the Johnson & Johnson Vision equipment installed at the Medical Treatment Facilities. AMO Sales and Services does not give any vendors access to their proprietary information needed to provide maintenance to their laser refractive surgery suites

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

Market research was conducted concomitantly, from January to February 2020. It included a search of the Internet using Google, GSA Advantage, and the ECRI Sourcebook. It was found 31 January 2020, on Johnson & Johnson Vision website, that Variable Spot Scanning and Variable Repetition Rate algorithms of the STAR S4 IR Excimer Laser are only provided and supported by Johnson & Johnson Vision/AMO Sales and Services Inc. Further, AMO Sales and Services Inc. provides proprietary maintenance and parts to the WaveScan WaveFront System, iDesign WaveScan and iFS Ophthalmic Femtosecond Laser. AMO Sales and Services Inc. does not train any other third-party vendors to service their excimer laser, WaveFront system, and femtosecond laser. Only AMO Sales and Services Inc. can provide OEM approved services, under a maintenance contract, per the government’s requirements.

A sources sought notice was posted to beta.sam.gov on April 7, 2020 with a closing date of 14 April 2020. No responses were received.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer shall determine the anticipated cost to the Government of the services covered by this Justification and Approval will be fair and reasonable by conducting a price analysis prior to contract award.

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, Naval Medical Logistics Command (NMLC) has no plans at this time to compete future contacts for the type of services covered by this document. If another potential source emerges, NMLC will assess whether competition for future requirements is feasible.

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.

Technical Cognizance: