J A_Redacted.pdf

Log #15-10003

Form 02.4G.AB / N0025915CD0040 / TDP 15-003 Page 1 of 3 1 Nov 2012

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Identification of the agency and the contracting activity.

This justification is executed by the Naval Medical Logistics Command (NMLC), Fort Detrick, MD to meet the requirements of Naval Medical Center San Diego (NMCSD).

2. Nature and/or description of the action.

The requirement is for support for Stryker equipment support. The Government intends on awarding a

Firm Fixed Price (FFP) contract. The proposed source is Stryker Corporation, 2825 Airview Blvd., Kalamazoo, MI, 49002-1802.

3. Description of the supplies/services required.

The requirement is for support for Stryker endoscopy equipment, booms, and lights in the main operating rooms at NMCSD. Support shall include telephone support, on-site field support, and system updates including updates to hardware and software, all in accordance with the statement of work. All parts, labor, and travel shall be included. Support shall be provided for a period of performance of March 1, 2015 through February 29, 2016 with option years starting March 1, 2016 and extending through February 29, 2020.

Vendor shall be an Original Equipment Manufacturer (OEM) authorized maintenance contractor for the proposed equipment/system such that OEM warranty and service are provided and maintained by the

OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

funds in the amount of will be used for the base year. Current funds will be used for each option period. Total contract value for all five (5) years is estimated at

4. Identification of the statutory exceptions permitting other than full and open competition.

The statutory exception permitting other than full and open competition for this acquisition is 10 USC

2304(c)(1) and FAR 13.501(a). This acquisition is being conducted under simplified acquisition procedures FAR 13.501 under the authority of the test program for commercial items (section 4202 of the

Clinger-Cohen Act of 1996).

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Stryker is the only company with the technical expertise and knowledge capabilities that can repair these complex systems and equipment. The technology and designs are proprietary to the Stryker Corporation and in many cases, patented. As such, Stryker will not divulge this information to entities outside their purview. Stryker does not train or certify other entities to repair or maintain Stryker products. No other vendor besides Stryker is capable of meeting the minimum requirements.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

Market research was performed, the results of which are in paragraph 8. This requirement will be posted to FBO in accordance with FAR 5.202. The Government will evaluate any challenges received.

Form 02.4G.AB / N0025915CD0040 / TDP 15-003 Page 2 of 3 1 Nov 2012

7. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer shall determine the anticipated cost to the Government of the supplies/services covered by this Justification and Approval will be fair and reasonable by conducting a price analysis before an award is made. In addition, the Government anticipates that the negotiated contract price will reflect a discount from the vendor’s commercial price list and will be determined fair and reasonable.

8. Description of the market survey conducted and the results, or statement of the reasons a market survey was not conducted.

Market research was conducted in October 2014. The market research conducted included a search of the

Internet using Google, Bing, GSA Advantage, and the ECRI Sourcebook. There are other vendors of endoscopy and communication equipment, but none of these vendors are trained or certified to maintain the installed Stryker equipment at NMCSD. Only the services provided by Stryker are capable of supporting the Stryker communication and endoscopy equipment. Stryker Corporation is the only vendor which can meet the minimum requirements of the Government.

9. Other facts supporting the use of other than full and open competition.

None

10. Listing of Sources, if any, which expressed, in writing, an interest in the acquisition.

To date, no other sources have written to express an interest. This requirement will be posted on

FedBizOpps in accordance with FAR 5.202. Any sources expressing interest in response to the synopsis will receive consideration.

11. Statement of actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

Future requirements will be synopsized in accordance with FAR 5.203.

12. Point of Contact

The point of contact at the NMLC, Fort Detrick, Frederick, MD, regarding the contents of the

Justification and Approval is , who may be reached at .

Form 02.4G.AB / N0025915CD0040 / TDP 15-003 Page 3 of 3 1 Nov 2012

TECHNICAL AND REQUIREMENTS CERTIFICATION

Required by FAR 13.501

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

Phone Date

Technical Reviewer Code 03

Requirements Cognizance

Code 03

CONTRACTING OFFICER CERTIFICATION

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

Contracting Officer Code 05

LEGAL SUFFICIENCY REVIEW AND CONCURRENCE

I have reviewed the facts set forth in the above Justification and Approval and found to be legally sufficient, based on these facts, to the best of my knowledge and belief.

Code OOL

APPROVAL BLOCK COMPETITION ADVOCATE

($650,000 to $12.5M)

Code OO