Limited-Competition-under-SAT_Redacted.pdf

Control No: 20-RHCO-C-423

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: Regional Health Contracting Office-Central, 3160 McIndoe, Bldg 1103, JBSA Fort Sam Houston TX

2. Description of Action: William Beaumont Army Medical Center request a firm-fixed price contract with AMO (Abbott) Sales and Service, Inc. for full on-site maintenance for government owned Eye-Intra Laser system.

Nature: New Requirement XX Follow-on Requirement

Contract Vehicle: XX Purchase Order Number 0011495878_______ Blanket Purchase Agreement (BPA) Number _______________ Order/BPA# _______ against FSS Contract #_____ _________ Order #___________ against Multiple Award IDIQ Contract Name or #______________

Order #_______ against a single award IDC Contract

Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: XX Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: XX Operations & Maintenance, Army (OMA) Other Funds:

FY: 2020

Name of Proposed Contractor(s) and Address:

Agilent Technologies, Inc.

6392 Via Real Carpinteria, CA 93013

Brand Name Buy: XX Yes No

3. Description of Services or Supplies: Approval is requested for a base plus 2 year option, 1 October 2020 through 30 September 2023. Request is for Evans Army Community Hospital, Fort Carson, Colorado. It is a follow on contract for Immunohistochemistry (IHC) products for use on the Government owned Autostainer Link system with accompanying Pre-treatment unit. Request is for brand name supplies of 2,500 slides using six (6) Agilent EnVisionTMFLEX+ High pH kits. (Based on an estimated 300uL drop zone per slide) These detection kits are used on paraffin embedded tissue for histological diagnostic testing. The Envision FLEX+ High pH kits are designed, optimized and validated on the Autostainer Link system currently owned by Evans Army Community Hospital. The kits are proprietary from the manufacturer.

Agilent’s Autostainer Link System is unique in the industry and includes the combination of capabilities separating it from other systems on the market.

Base Period: 1 Oct 2020 to 30 Sept 2021 Value: $65,000.00 Option Period 1: 1 Oct 2021 to 30 Sept 2022 Value: $65,000.00 Option Period 2: 1 Oct 2022 to 30 Sept 2023 Value: $65,000.00

Total Value: $195,000.00

4. Authority:

XX FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(C) Logical Follow-on FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

a. Agilent Technologies, Inc. is the manufacturer of the Autostainer Link systems in the United States. The reagent kits required is the EnVision FLEX+ High pH detection system which is a dedicated proprietary products designed, optimized and validated for this system. Evans Army Community Hospital currently owns an Autostainer Link system. The kits are available through authorized distributors.

This contract will provide dedicated products specifically for the system in question. Only name brand reagents are compatible with the Government owned equipment.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, XX apply and will be followed, or do not apply due to an exception at

5.202 ______________________.

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $250K, no posting required

Action is a brand name restriction, under $25K, no posting required XX Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(iii)(A)

FAR 8.405-6(b)(3)(iii)(B) FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

7. Market Research: Based on the market research, the kits are required as the Autostainer Link system is for a government owned system. Only name brand reagents are compatible with the Government owned equipment In addition, due to the proprietary nature of the kits, no other business can provide the requested kits, therefore it is recommended that this requirement will be sole sourced to Agilent Technologies Inc.

8. Other Facts:

a. Procurement History: This is a follow on requirement. The previous contract W81K00-17-P-0701 was awarded as a sole source to Agilent Technologies, Inc.

b. A Notice of Intent to Sole Source will be posted to Beta.Sam.gov.

9. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name:

Date:

Title:

Signature:

7/1/2020

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon IGCE.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name: Emerita Torres Date:

Title: Contracting Officer

Signature:

X Right-Click "Signature Setup"

TORRES.EMERIT

A.1017361771

Digitally signed by

TORRES.EMERITA.101736177

Date: 2020.07.02 11:50:28 -05'00'