LSJ - 24-RHCO-C-373_Redacted.pdf

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

Threshold

1. Contracting Activity: Medical Readiness Contracting Office – West (MRCO-W), Fort Cavazos Health Contracting Branch (CavHCB), Carl R. Darnall Army Medical Center (CRDAMC), Fort Cavazos, TX 76544

2. Description of Action:

Nature: X New Requirement Follow-on Requirement

Contract Vehicle: X 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

Funds: X Other Funds: _DHP_______ FY: 25

Name of Proposed Contractor(s) and Address:

Ortho Clinical Diagnostics 1001 US Route 202 Raritan, NJ 08869-0606

Brand Name Buy: Yes X No

3. Description of Supplies: This is a follow-on requirement. The purpose of this FY25 requirement is for the supply purchase of red blood cell reagent cards for the Government-owned Ortho Vision ID-MTS Workstation analyzer at Irwin Army Community Hospital (IACH).

This procurement will consist of using various reagents cards to support the hospital’s blood analyzer needs. This requirement will be met with FY 25 funds: Subject to funds availability.

Estimated Value: The estimated value of this effort is

Delivery Range: The supplies will be delivered between the following dates:

4. Authority:

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.

5. Reasons for Authority Cited:

a. The Requiring Activity request these supplies in order support the Government-owned

Ortho Vision ID-MTS Workstation analyzer at Irwin Army Community Hospital (IACH).

This procurement will consist of using various reagents cards to support the hospital’s blood analyzer needs.

b. Ortho Clinical Diagnostics Sole Source letter, provided on August 1, 2024, states that it is the sole source manufacturer and supplier of their reagents, supplies, and services for their equipment.

c. Ortho Clinical Diagnostic’s traditional reagents include red cells that are produced based on standing order commitments and expire once every 28 days. Ortho Clinical Diagnostics said that the reagent red cells cannot be purchased in bulk due to the 28-day expiration, and the manufacturer does not have an approved designated distribution partner within the federal government.

d. Detrimental effects/serious impact to the hospital’s blood analyzer needs mission of IACH will result if this justification is not approved as the testing services cannot be provided by other analyzers and agencies only the intended sole source OEM Contractor.

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, X 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)

X 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 was conducted by Contract Specialist, from 24 July 2024 – 10 September 2024. Market Research demonstrates that this supply requirement is commercial in nature. The requested Ortho Clinical Diagnostics are not available on Defense Logistics Agency’s (DLA) Electronic Catalog (ECAT). Eighteen (18) supply product codes are available on ECAT and were therefore withdrawn from this procurement. As a result of the preponderance of the remaining supplies only available via Open Market, this requirement will be procured out-side of GSA as a sole source.

Per FAR 19.502-2 a review for small business socioeconomic contracting programs was conducted. A search of the Small Business Administration’s (SBA) Dynamic Small Business Search (DSBS) using NAICS 325413 – In-Vitro Diagnostic Substance Manufacturing, and using keywords, ‘Reagent cards, ‘reagents’, and ‘cards. The KS findings are annotated in the below chart.

The manufacturer declared that these supplies are proprietary; therefore, a Sources Sought Notice was not posted on Sam.gov.

Due to the proprietary nature of the equipment, this requirement cannot be solicited. The supplies are unique to the Government-owned Ortho Vision ID-MTS Workstation analyzer.

In accordance with FAR 13.106-1(b)(1)(i), Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name, or industrial mobilization).

As part of the efforts to obtain competition, a Notice of Intent to Award Sole Source (w/ the redacted LSJ), and a Notice of Award will be posted in Sam.gov.

8. Other Facts: None

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 price to the Government for this contract action will be fair and reasonable based upon and assessment of current prices offered to the general public for similar supplies.

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 funds are available and provided that the services herein described have otherwise been authorized for acquisition.