Limiting-Competition-under-SAT_23-RHCO-P-429_final_Redacted.pdf

CUI//SP-PROCURE

Control No: 23-RHCO-P-429

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: Medical Readiness Contracting Office – Pacific, Clark Road, Bldg 339, Fort Shafter, Hawaii 96859

2. Description of Action: The action being approved is for a sole source (Brand name only) Firm Fixed Priced contract. Defense Healthcare Program funds will be used for this requirement.

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Request# 11974941 Solicitation# W81K0223Q0144

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

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

FY: 24

Name of Proposed Contractor(s) and Address:

Brand Name Buy: Yes No

Controlled by: RHCO-P CUI Category: PROCURE

Limited Dissemination Control:

POC:

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Version – February 2017

3. Description of Services or Supplies: This requirement is for reagents and consumable items compatible with the Beckman Coulter hematology analyzers, DxH600 & DxH800 for the Brian D. Allgood Army Community Hospital (BDAACH) laboratory and outlying health clinics. BDAACH laboratory and outlying health clinics are currently utilizing Contractor-furnished Beckman Coulter hematology analyzers, DxH600 & DxH800. The only reagents and consumables that are compatible with these analyzers are the Beckman Coulter brand name.

Period of Performance: 1 October 2023 to 31 May 2024 Total Value:

4. Authority:

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. are the only authorized distributors that provide reagents and consumables for the Beckman Coulter analyzers. Based on market research with Beckman Coulter Korea, they have made business agreements with that these are the only authorized distributers to make sales to the United States Forces Korea (USFK).

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The Beckman Coulter brand name reagents and consumables are the only compatible products with the existing analyzers. Therefore, the Beckman Coulter reagents and consumables are the only products that meet the government’s requirement.

If the Beckman Coulter reagents and consumables are not purchased, it will run the risk of BDAACH not being able to continue patient care since hematology testing must be run 24 hours a day, 7 days week.

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, 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 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: Market research conducted in the past 12 months over the internet indicates that this product is commercial in nature. This requirement will be solicited on SAM.gov as a sole source brand name only.

8. Other Facts: N/A

Version – February 2017

CUI//SP-PROCURE

Control No: 23-RHCO-P-429

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.

Signature:

X Right-Click "Signature Setup"

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.

Signature: