Limiting-Competition-under-SAT_ACC (BacT_Alert 3D Maint) re-dacted.rtf

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: 20-RHCO-C-441

Version – February 2017

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

Contracting Activity: Fort Hood Health Contracting Branch, Ft. Hood TX

Description of Action:

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X file_1.wmf

Nature: New Requirement Follow-on Requirement file_2.png file_3.png file_4.png file_5.png file_6.wmf file_7.wmf file_8.wmf file_9.wmf

Contract Vehicle: Purchase Order Number

PR 0011491793

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Blanket Purchase Agreement (BPA) Number Order/BPA# against FSS Contract # Order # against Multiple Award IDIQ Contract Name or # file_11.png file_12.wmf

Order # against a single award IDC Contract # file_13.png file_14.wmf

Modification # to existing PO/TO/DO/Call Order # file_15.png file_16.wmf

Pricing/Contract Type: Fixed Price file_17.png file_18.wmf

Time & Materials/Labor Hours file_19.png file_20.wmf

Cost Reimbursable file_21.png file_22.wmf

Hybrid file_23.png file_24.wmf

Funds: Operations & Maintenance, Army (OMA) file_25.png file_26.wmf

Other Funds:

FY: 21

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Name of Proposed Contractor(s) and Address:

Biomerieux, Inc.

100 Rodolphe Street Durham, NC 27712-9402 file_28.png file_29.wmf

Brand Name Buy: file_30.png file_31.wmf

Yes No Description of Services or Supplies: Irwin Army Community Hospital (IACH), Fort Riley, Kansas has a requirement for maintenance service of the BacT/ALERT 3D equipment. The Period of Performance is for a twelve (12) month base period plus four (4) twelve (12) month option years beginning 1 October 2020.

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

For Actions with Options*:

Base Period: 01 Oct 2020 to 30 Sep 2021 Value: $ Option Period 1: 01 Oct 2021 to 30 Sept 2022 Value: $ Option Period 2: 01 Oct 2022 to 30 Sept 2023 Value: $ Option Period 1: 01 Oct 2023 to 30 Sept 2024 Value: $ Option Period 2: 01 Oct 2024 to 30 Sept 2025 Value: $ Total: $

Authority:

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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 file_34.png file_35.png file_36.png file_37.png file_38.wmf file_39.wmf file_40.wmf file_41.wmf

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 file_42.png file_43.png file_44.png file_45.png file_46.png file_47.wmf file_48.wmf file_49.wmf file_50.wmf file_51.wmf

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

Reasons for Authority Cited:

Currently the Department of Logistics, Medical Maintenance Section at IACH does not have the capability or personnel that can maintain and support the Government owned Biomerieux equipment. Biomerieux, Inc. is the sole manufacturer of this equipment and presently provides the care, maintenance and service of their equipment. Biomerieux, Inc. currently does not have any authorized third party maintenance service providers for their products. Biomerieux, Inc. maintains all proprietary and technical date rights to their equipment and does not sell any of its parts, original equipment or services to any third party vendor. Biomerieux, Inc. also does not provide any training on their equipment to outside personnel. The Contract Specialist conducted research, and determined that if there are unauthorized third party repairs or has been any alteration or modification to the equipment, Biomerieux, Inc. has indicated that they will not be responsible for any defects that may come about from such unauthorized repair or modifications. At this time, Biomerieux, Inc. is the only authorized service provider for their products, therefore if any third party maintenance is performed, the end user could be without their equipment for an unspecified amount of time, which may lead to possible disruption of patient care at IACH.

Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 file_52.png file_53.wmf 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) file_54.png file_55.png file_56.wmf file_57.wmf file_58.png file_59.wmf

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 Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

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

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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)

Market Research: This is a follow on contract. Market research was conducted to confirm if other vendors could or could not provide like or similar items. Extensive market research was conducted via internet, and only one source was identified as an authorized vendor; Biomerieux, Inc. Biomerieux, Inc. is the Original Equipment Manufacturer (OEM), sole proprietary manufacturer; there are no authorized third party distributors or vendors that service the equipment. The Contract Specialist conducted a dynamic small business search with the NAICS code 811219 and the capabilities narrative “Hematology Analyzer”, that revealed no small businesses that fit within these guidelines. A sources sought was posted to beta.SAM.gov from 12 June 2020 – 18 June 2020, with no response.

Other Facts:

Procurement History:

W81K00-17-P-0377, Biomerieux, Inc.

Method of procurement: Sole Source Period of Performance: 01 October 2017 to 30 September 2020 Description of requirements: Maintenance of the BacT/ALERT 3D equipment

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:

Microsoft Office Signature Line...

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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.

Typed Name:

Date:

Title:

Signature: Microsoft Office Signature Line...

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