Justification for Other than Full and Open Competition - FAR Part 13 Acquisitions under the SAT (V1.3 6-28-2018).pdf

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.3 (28 June 2018)

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION FOR A FAR PART 13 ACQUISITION UNDER THE

SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) 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 13.106-3(b)(3)(i), 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:

LIFEPAK 15 V4 Monitor/Defib Manual and AED, Trending, Noninvasive Pacing, SpO2, SpCO NIBP, 12-Lead, ECG, EtCO2, BT. Includes two (2) pair QC Electrodes (11996- 000091) and one (1) Test Load (21330-001365) per device; one (1) service manual CD (26500-003612). The LIFEPAK 15 is a monitor/defibrillator that will be used by Fire Station 88 at Marine Corps Air Station (MCAS) Beaufort, SC. The LIFEPAK 15s are critical during emergency medical situations. They are used to monitor patient vital signs and to provide life-saving defribillation when it is required. The LIFEPAK 15s have a required delivery date of 30 days after contract award.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. ___ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ 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. ___ 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.

3. ___ OTHER REASONS.

B. XX BRAND NAME

The monitors/defribillators must be the Stryker Corporation manufactured brand to be fully compatible and interoperable with existing equipment, software, and supplies. Personnel are trained to operate the LIFEPAK 15s. Additionally, local

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.3 (28 June 2018) hospitals utilize LIFENET service, which is only available and provided by Stryker Corporation and it interacts with the LIFEPAK 15s. LIFENET sends the readings from the LIFEPAK 15s cardiac monitor to the heart surgeon while responding to a medical emergency, which is a critical function of the device and currently used by all Advance Life Support providers in Beaufort County South Carolina. Market research reveals other monitors/defribillators cannot be modified due to the lead output types for monitoring and the software function that provides a heart surgeon cardiac monitoring on patients during a medical emergency. Further, local hospitals and ALS providers do not have compatability functions with any monitors/defribillators other than the LIFEPAK 15s. Due to the current equipment requirements for lifesaving emergency medical situations and cooperation with hospitals and other ALS providers, other equipment cannot meet the agency’s needs.

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.

Signature Name (Printed) / Phone # Date

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

Signature Name (Printed) / Phone # Date