JEFO DraegerECAT_TRIPLER_Redacted.pdf

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY (JEFO)

DRAEGER MEDICAL SYSTEMS, INC

CONTRACT SPE2D1-14-D-7000

DRAEGER RESUS MODULE WITH GAS MIXER

1 | P a g e

(1) Defense Logistics Agency (DLA) Troop Support, Medical Supply Chain, Capital Equipment Division, is the contracting activity.

(2) The action submitted for approval is for the acquisition of the Draeger resus module with gas mixer required by Tripler Army Medical Center (AMC). The order will be placed under Draeger Medical Systems, Inc’s Administrative contract SPE2D1-14-D-7000 under the base Patient Monitoring and Capital Equipment contract SPE2D1-14-D-0004, which is valid through August 2024.

(3) The total estimated dollar value of this action is

(4) The authority waiving the competition requirements is FAR 16.505(b)(2)(i)(b), only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized. Only Draeger Medical Systems, Inc, the original equipment manufacturer (OEM), can provide the necessary equipment. Draeger Medical Systems, Inc. is the only source available because it is the only resus module with gas mixer that can function with the Babyroo TN300. No third-party equipment may be used with the Babyroo TN300 as it would void warranties for the primary equipment.

This procurement is necessary to provide a quantity of twenty-five (25) Draeger resus modules with gas mixers for the customer at Tripler AMC. The facility at Tripler supports military personnel and their dependents. Tripler is in need of upgraded technology that supports the facility. The Draeger Resus Module/Gas Mixer supports the Draeger TN300 open radiant infant warmer by providing a stable environment of thermoregulation, reducing chances of hypothermia and improving resuscitation efforts for the infant. The acquisition of the Draeger resus module with gas mixer includes all hardware/software components and is vital to support the mission of Tripler AMC.

The Draeger resus module with mixer is a supporting part to the already purchased Babyroo TN300.

The purpose of the resus module with gas mixer is to provide a stable and even environment of thermoregulation even when the infant bed is tilted reducing the chances of hypothermia and improves efforts of resuscitation. Draeger Medical Systems, Inc is the OEM vendor and the only vendor that can provide the supporting equipment for the already purchased Draeger system. The

2 | P a g e

Draeger resus module with gas mixer that supports the purchased Draeger Babyroo TN300 System is exclusively provided by Draeger Medical Systems, Inc. since it is proprietary equipment that is unique in nature.

No other supplier can provide the necessary equipment that provides a stable and even environment of thermoregulation even when the infant bed is tilted, reducing the chances of hypothermia and improving efforts of resuscitation. Other vendors’ equipment will not be compatible with the existing Babyroo TN300 units. The Draeger resus module and gas mixer is the only system that meets the minimum requirement described above and is acceptable to meet the needs of the customer. Therefore, Draeger Medical Systems, Inc is the only vendor who can provide this equipment to Tripler AMC.

(5) The required upgrade items are available on Draeger’s Administrative contract, SPE2D1-14-D-7000, and Patient Monitoring and Capital Equipment contract, SPE2D1-14-D-0004. The contract pricing has previously been determined fair and reasonable via comparison with other than certified cost or pricing data. The Contracting Officer determined that the subject procurement represents the best value to the Government and that the anticipated cost will be fair and reasonable.

(6) Tripler AMC conducted market research July 2023. The results of current market research indicate that

Draeger Medical Systems, Inc is the only supplier on contract that offers a system that meets the minimum requirement as stated above. Draeger is the OEM and therefore is the only vendor who can provide necessary supporting part for the purchased Draeger system.

(7) In an effort to overcome barriers to fair opportunity before subsequent acquisitions for this item, DLA Troop Support continues to perform market research in order to locate other acceptable sources for future acquisitions.

(8) As the Contracting Officer, I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief.

Date DIEMHONG WALTERS Contracting Officer

I hereby certify that the requirements, which form the basis of this justification, are accurate, that these supplies meet the Government’s minimum needs, and that this justification is accurate and complete to the best of my knowledge and belief.

Date Biomedical Engineer

WALTERS.DIEMHO

NG.B.1269396900

Digitally signed by

WALTERS.DIEMHONG.B.1269396

Date: 2024.04.23 10:02:34 -04'00'