JNCP - Cepheid Maintenance Replacement FY26 REDACTED.pdf

Justification of Non-Competitive Procurement FAR Part 12 Commercial Acquisitions under the SAT

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF NON-COMPETITIVE PROCUREMENT FOR A

FAR PART 12 COMMERCIAL ACQUISITION UNDER THE SIMPLIFIED

ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 12.102(a) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name, or industrial mobilization).

2. As required by FAR 12.102(a), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Madigan Army Medical Center (MAMC) requires a non-personal services contract to provide Maintenance and Repair services for the Government owned equipment, Cepheid GeneXpert systems and components. Only one company can provide the services required because the services ordered are unique and highly specialized. Cepheid is currently the only authorized provider of service for GeneXpert systems to customers within the United States, excluding territories.

-owed intellectual property, including patented cartridge technology, closed-system assay design, and proprietary analytical software. No other vendor is authorized to manufacture, distribute, service, or support the GeneXpert analyzer or its associated consumables.

This is a Firm Fixed Price contract, 5-Year IDIQ, with a total value of $208,440.00 each year totaling $41,688.00.

III. THE DETERMINATION FOR USE OF NON-COMPETITIVE PROCUREMENT IS BASED ON

THE FOLLOWING (select all that apply):

A. _X_ ONLY ONE RESPONSIBLE SOURCE (select all that apply

1. _X_ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. _X_ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

Cepheid is currently the sole manufacturer of Xpert® reagents, and GeneXpert® systems are manufactured exclusively for Cepheid. Xpert reagent test cartridges are designed and only authorized provider of service for GeneXpert systems to customers within the United States, excluding territories.

Justification of Non-Competitive Procurement FAR Part 12 Commercial Acquisitions under the SAT

A Notice of Intent to Sole Source has been issued on July 10, 2026, and will close on July 17, 2026 allowing potential vendors to provide capability statements meeting the Government s minimum requirements.

3. ___OTHER REASONS.

B. ___BRAND NAME:

Item required must be a brand name, product, or feature of a product, particular to one manufacturer.

C. ___URGENT AND COMPELLING.

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 a 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:

V. CERTIFICATIONS:

A. Technical / 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.

Peter Le,SSG, peter.v.le.mil@health.mil Microbiology, MAMC

B. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Scott A. Barr, Contracting Officer, scott.a.barr.civ@health.mil HOD-W, DHA, Contracting Activity