Medtronic J and A 2022_Posting_Redacted.pdf

Control No: 22-RHCO-C-240

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: Regional Heal th Contracting Office - Central (RHCO-C), Joint Base San Antonio-Fort Sam Houston, Texas.

2. Description of Action: RHCO-C intends to issue a sole source contract for on-site service and maintenance of the Medtronic ENT Navigation System at Evans Community Hospital (EACH), Ft Carson, Colorado. This action will be accomplished through the use of a Firm-Fixed price contract.

Nature: New Requirement X Follow-on Requirement

Contract Vehicle: Purchase Order Number PR: 0011748753

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: Fixed Price Time & Materials/Labor Hours

Cost Reimbursable Hybrid

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

FY: 22

Name of Proposed Contractor(s) and Address:

MEDTRONIC USA, INC.

6743 S. POINT DRIVE N

JACKSONVILLE, FL 32216-6218

Brand Name Buy: Yes X No

3. Description of Services or Supplies: Evans Army Community Hospital (EACH), Fort Carson, Colorado has a requirement for an on-site maintenance service contract.

The contractor will provide maintenance service, to include all resources, labor, travel, transportation, parts, materials, equipment, and management necessary to keep the medical equipment in good operating condition and to perform all scheduled and unscheduled maintenance of the Medtronic ENT Navigation System. This non-personal services maintenance contract shall cover the repair, PM, calibration, and exchange services according to the Manufacturer’s specifications for the equipment. The period of performance is date of award to 30 April 2023, with two 12-month options. The yearly amount is , for a total amount for all periods of

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.

5. Reasons for Authority Cited:

Medtronic USA, Inc., is the sole supplier of parts and services for the Medtronic ENT Navigation System. All service, maintenance, replacement parts are manufactured by Medtronic Inc., and are compliant with original equipment manufacturer specifications.

Medtronic does not have any authorized third party vendors.

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: A review of GSA.gov showed that no small businesses offered Medtronic Inc., medical maintenance services, except for the company itself. The searched showed 60 contractors using SIN 65 II A, Medical Equipment and Supplies, category A-200, Equipment Maintenance and Repair. Medtronic USA, Inc., was not listed in this category. Further research revealed that Medtronic USA, Inc,.was listed in several other medical Supplies and Equipment categories, but not for the services needed. Searches on Federal Prison Industries (UNICOR) and Ability One were completed, but could not support this requirement. Lastly, a notice of intent to award a sole source contract to Medtronic USA, Inc., was posted on beta.SAM.gov 9 May 2022 to 16 May 2022. However, Medtronic USA, Inc., does not have any authorized third party vendors.

8. Other Facts:

Procurement History:

(1) W81K00-18-P-0299, Period of Performance: 1 May 2018 to 30 April 2021, 12-month base with two 12-month option periods. W81K00-21-P-076, 1 May 2021 to 30 April 2022

(2) Competitive Status of these actions: Sole source in accordance with FAR 13.106-1(B)(1)(I)

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 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 and provided that the services or supplies herein described have otherwise been authorized for acquisition.