LSJ.pdf

Limited Sources Justification United States Department of Agriculture

FAR 8.405 Federal Supply Schedules Multiple Award Schedule Program

1. Identification of the agency and the contracting activity

This justification for Biomet i3 dental implants consignment inventories is executed by Naval Medical Center San Diego (NMCSD), on behalf of the Navy to meet the requirements of Naval Medical Center San Diego, Hospital Dentistry and Branch Clinics.

2. The nature and/or description of the action being approved

The proposed action is conducted under the authority of the Multiple Award Schedule Program (Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251, et seq.)

and Title 40 U.S.C. 501, Services for Executive Agencies). This is a limited source action to be awarded as a new Federal Supply Schedule (FSS) order to the contractor identified in section 4.

The placement of a Firm, Fixed-Price order is anticipated.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value)

The contract award requirement is for a $500,000.00 par level inventory agreement order for Dental/Surgical implants for Naval Medical Center San Diego (NMCSD), Directorate for Dental Services (DDS) and Directorate for Branch Clinics (DBC). This agreement is for a one (1) year plus one (1) option year and will be established at Naval Medical Center San Diego, Hospital Dentistry, Naval Branch Health Clinic, Naval Air Station North Island Dental Clinic, Naval Branch Health Clinic, Marine Corps Recruit Depot Dental Clinic, Naval Branch Health Clinic, Naval Amphibious Base Dental Clinic, and Naval Branch Health Clinic, Naval Base San Diego Dental Clinic.

The purpose of the agreement is to provide a continuous source of dental implants to the above dental clinics through a par level inventory arrangement. The ability of the contractor to meet the Government’s demands for a ‘just in time” inventory concept is the primary focus of this agreement. Pricing of items received under this agreement shall be based on the Contractor’s Federal Supply Schedule (FSS) at the time of award.

4. The authority and supporting rationale

The statutory authority which permits restricting consideration of schedule contractors to fewer than that required in FAR 8.405-1 or 8.405-2 is 41 U.S.C. 251, as implemented by FAR 8.405-6.

Source selection was based on Biomet 3I, LLC being the only source capable of providing the required consignment items based on Naval Medical Center San Diego Dental Clinics only using external hex interface and internal hex interface restoration components and equipment. Biomet

3i, LLC is the only company to manufacture and supply implants with an internal or external implant-abutment mating surface.

The implants must also be universally compatible so that an implant placed at one Command can be restored or maintained at another Command. Limiting the number of systems precludes the need for massive clinic/shipboard stock levels that would be required for multiple systems.

ZIMMERBIOMET is used by NMCSD Dental Clinics daily, and used for NMCSD Advance Education for General Dentistry (AEGD) resident training program.

BUMEDINST 6630.3B which standardizes the use of dental implants in the Navy Medical Healthcare System also lists Biomet 3i, LLC as a company that can provide implants to the Navy Medical Healthcare System. Recommend to solicit this on a sole source basis to Biomet 3i, LLC.

5. A determination by the ordering activity Contracting Officer (CO) that the order represents the best value consistent with FAR 8.404(d).

The Department of Veterans Affairs (FSS V797D-30171) has determined the prices of these items and the schedule contracts to be fair and reasonable for the purpose of establishing the schedule contract. The NMCSD Contracting Officer will determine that the intended order represents the best value consistent with FAR 8.404( d), and will also determine (according to the procedures in FAR 15.404-1), that prices are fair and reasonable and will document such determination with a level of detail commensurate with the complexity and circumstances of each order. By placing an order against a schedule contract using the procedures in 8.405, the ordering activity has concluded that the order represents the best value (as defined in FAR 2.10 I) and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government's needs.

6. A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted

Market research was conducted by technical experts. This research consisted of reviews of similar previous procurements and a market survey, using search engines to review open market contractors and Federal Supply Schedule contractors. Search engines utilized include Google, GSA Advantage and mandatory Government sources of supply for a company who manufactures and supplies implants with an internal or external implant-abutment mating surface compatible with the Biomet 3i system's internal hex (Certain) and external interface restorative components and equipment currently owned and operated at NMCSD dental clinics. Biomet 3i, LLC is the only company who manufactures and supplies implants with required features.

7. Any facts supporting the justification

This procurement uses a GSA Schedule and will be solicited and awarded in accordance with FAR Subpart 8.4.

8. A statement of actions the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated

All future requirements will be handled on a case-by-case basis.

Certifications & Approval

Technical and requirements certification

I certify that the facts and representations under my cognizance which are included in this LSJ and which form a basis for this justification are complete and accurate.

Technical Cognizance

Phone Date

Requirements Cognizance

Phone Date

LEGAL SUFFICIENCY REVIEW AND CONCURRENCE

I have determined this Justification is legally sufficient.

NMLC Office of Counsel Phone Date

CONTRACTING OFFICER CERTIFICATION

I certify that this justification is accurate and complete to the best of my knowledge.

Contracting Officer Phone Date