Justification FAR Part 13 J and A Redacted.pdf

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Notice of Intent to Sole Source
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PANHCA25P00000009306
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This document is a Justification Review Document for a Sole Source contract for maintenance and services of a medical system located at William Beaumont Army Medical Center (WBAMC) in Fort Bliss, Texas. The Medical Regional Contracting Office - West (MRCO-W) is seeking approval for a four-year contract with one year base period and three one-year option periods. The maintenance and services are specifically for a specialized 3D medical system that is based on proprietary technology, with the manufacturer being the only entity authorized to perform maintenance, software updates, and technical support.

The contract requires non-personal services including preventative maintenance, software and hardware updates, routine and non-routine services, annual calibration, 24/7 technical support, and access to cleaning. Market research confirmed that no other vendors can provide these services, as the manufacturer has exclusive proprietary rights to the system's technology. The justification emphasizes that continuing with the current manufacturer minimizes risks to patient safety, ensures warranty compliance, and maintains the medical equipment's operational effectiveness. The contract will be funded using the proper fiscal year, and sources sought notices posted on Sam.gov received no alternative interested parties.

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JUSTIFICATION REVIEW DOCUMENT

FAR Part 13 Justification and Approval Simplified Procedures for Certain Commercial Items

Program/Equipment: Medical Regional Contracting Office – West (MRCO-W) requests approval for a Sole Source contract for Maintenance and Services for the (manufacturer) System already owned and located at William Beaumont Army Medical Center, (WBAMC) Fort Bliss, Texas.

Authority: Title 41 United States Code (U.S.C.) §1901(e)(2) as implemented in Federal Acquisition Regulation (FAR) 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items.

Prepared by:

Contracting Officer:

Technical:

Requirements:

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Signature:

FAR Part 13 Justification and Approval

Justification specifying proprietary specifications and standards is supported in accordance with DFARS 213.501 and DFARS 206.302-1(c)(2). The Sources Sought, was posted on Sam.gov with zero interested parties. The lack of responses received helped the government determine the appropriate acquisition strategy as noncompetitive with no small business set-aside availability verified.

b. Alternatives: The government could purchase an entirely new piece of equipment for in anticipation that vendor(s) for that new equipment will not have warranties mandating the manufacture propriety rights to service their equipment, software, and hardware packages. This would require a new contract for new equipment (prior to current equipment lifecycle expiring) and another contract for the services and maintenance of the new Purchasing new equipment and therefore obtaining incurring additional cost that is not authorized or merited as the equipment is operating at full capacity under the current maintenance and service contract. The is well maintained and in good standing condition.

There is no substantial reason to incur costs currently for new equipment or new maintenance and services contracts.

c.

Ensuring maintenance is done by trained technicians with proper parts and procedures for the equipment. Continuing to use the mandated manufacturer for services and maintenance on this requirement, minimizes the risk to the warfighter and their families by using the correct parts and procedures. If not approved, the maintenance to the ,

7. Efforts to Obtain Competition: Upon approval of the justification the Contracting Officer will publish the notices required by FAR 5.201 and any bids or proposals received shall be considered.

a. Effective competition: A of those three (3) postings no other vendor showed interest to the requirements. Furthermore, if approved this justification will follow with a notification of intent (NOI) to sole source on sam.gov.

potential interested vendor(s) that may have missed prior sources sought postings.

b. Subcontracting competition: N/A, manufacturer has proprietary rights to the System and no subcontracting opportunities exist.

8. Actions to Increase Competition: The prior J&A to this requirement contract stated a plan of Action to Increase Competition is, “when the

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