Limiting-Competition-under-SAT_ACC (Q-Flow 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-412

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 0011491838

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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: 20

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Name of Proposed Contractor(s) and Address:

ACF Technologies, Inc.

64 Peachtree Rd Ste 201 Asheville, NC 28803-3154 file_28.png file_29.wmf

Brand Name Buy: file_30.png file_31.wmf

Yes No Description of Services or Supplies: The contractor shall provide all software support and maintenance services for the Q-Flow Patient Tracking System located at Irwin Army Community Hospital (IACH). The Period of Performance is for a two (2) month base period plus two (2) twelve month option years beginning 8 August 2020, plus the potential six-month extension per FAR 52.217-8 for an overall cost including the six-month extension of $.

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: 08 Aug 2020 to 30 Sep 2020 Value: $ Option Period 1: 01 Oct 2020 to 30 Sept 2021 Value: $ Option Period 2: 01 Oct 2021 to 30 Sept 2022 Value: $ FAR Clause 52.217-8 option: 01 Oct 2022 to 31 Mar 2023 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:

Market Research revealed ACF Technologies has proprietary rights on all software and maintenance services associated with the Q-Flow application. This is to ensure that optimum operation and efficiency of the equipment is maintained and that proper functionality of the equipment conforms to the Original Equipment Manufacturer (OEM) standard specifications. Other vendors are not able to perform these services to manufacturer’s specifications on the Q-Flow system without compromising the manufacturer’s full factory OEM warranty and lifetime licensure. If a third party vendor completes the repair services, this will void the manufacturer’s warranty and lifetime license on the Government owned Q-Flow system equipment/units, plus optimum operation of the equipment would be in jeopardy. Purchasing similar maintenance that is non-compatible, would risk the possibility of equipment damage and possible disruption of patient care.

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: The Contract Specialist conducted a dynamic small business search with the NAICS code 811219 and the capabilities narrative “Q-Flow maintenance”, that revealed no small businesses that fit within these guidelines. A sources sought was posted to beta.SAM.gov from 10 June 2020 – 15 June 2020. ACF Technologies, Inc. responded with a Sole Source Justification Statement that they are the sole provider of Q-Flow products and services for the Government sector within the United States.

Other Facts:

Procurement History:

W91YU0-16-F-0028 and W81K00-18-F-0100, ACF Technologies, Inc.

Method of procurement: Sole Source Period of Performance: 08 February 2016 to 07 February 2020 (W91YU0-16-F-0028) Period of Performance: 01 May 2018 to 30 September 2020 (W81K00-18-F-0100) Description of requirements: Q-Flow Software Support and Maintenance.

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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