Limiting Competition at or Below the SAT Vapotherm Inc_ (003)_Redacted.pdf

For All Actions At or Below the Simplified Acquisition Threshold Use for FAR Part 8, FAR Subpart 13.1, or FAR Part 16, Including Brand Name

Control No:

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: Regional Health Contracting Office-Central.

2. Description of Action:

Nature: X New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number _______________________________

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: X Fixed Price Time & Materials/Labor Hours

Cost Reimbursable Hybrid (insert percentage of each contract type)

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

FY: 20

Name of Proposed Contractor(s) and Address:

Vetrans Healthcare Supply Solutions (Authorized Dealer for Vapotherm) 13949 Alvarez Road Jacksonville, FL 32218

Brand Name Buy: x Yes No

3. Description of Services or Supplies: Department of Respiratory Care at

Control No:

Version – February 2017

Value: $________ Value: $________ Value: $________ Value: $________ Value: $________

For Actions without Options:

Period of Performance: 30 May 2020 Total Value:

For Actions with Options*:

Base Period: _______ to _______ or (insert completion date) Option Period 1: _______ to _______ or (insert completion date) Option Period 2: _______ to _______ or (insert completion date) Option Period 3: _______ to _______ or (insert completion date) Option Period 4: _______ to _______ or (insert completion date) Option Period 5: _______ to _______ or (insert completion date) Value: $________ FAR Clause 52.217-8 option: _______ to _______ or (insert completion date)

Value: $________ Total: $________

*Note: Option quantities or performance periods are typically not allowed in J&As citing Urgency. The total period of performance of a contract awarded using this authority may not exceed the time necessary to meet the requirements of the work to be performed and for the agency to enter into another contract for the required goods or services through the use of competitive procedures.

4. Authority: Select the appropriate authority below:

X 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:

Control No: 20-RHCO-C-335

Version – February 2017

a. Vapotherm is the preferred products because BAMC was only willing to approve the request for the Vapotherm products and Vetrans Healthcare Supply Solutions is the authorized dealer and is the only vendor who is able to provide the high flow nebulizer to both Pediatric and Adult patients. Vapotherm Inc is the manufacturer of the device, and the only authorized dealer that can provide the required supplies or services.

b Vapotherm products . is the only brand that will meet the Government’s needs because its the only company that can ,manufacture and supply the Vapotherm high flow nebulizer to both Pediatric and Adult patients. It allows for a non-invasive high flow humidified form of respiratory support, helps avoid intubation and reduce length of stay.

c. During this time of COVID-19 patients, entry into a patient’s room is limited to vital staff, which may mean a reduction of exposure for Doctors, nurses and patients.

synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, x apply and will be followed, or do not apply due to an exception at

5.202 ______________________. (Fill in exception).

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 $150K, no posting required

Action is a brand name restriction, under $25K, no posting required x 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: 4.

8. Other Facts: None

Control No:

Version – February 2017

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.

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 price analysis.

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.