J&A Legally Sufficient NOSTRA.pdf

J&A#: 20-100000

JUSTIFICATION AND APPROVAL (J&A)

JUSTIFICATION AND APPROVAL FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Contracting Activity: Naval Medical Logistics Command (NMLC), Acquisition and Analytics Directorate, Code 05, 693 Neiman Street, Fort Detrick, MD 21702, acquiring on behalf of the requesting agency, Naval Ophthalmic Support and Training Activity (NOSTRA).

2. Description of the Action Being Approved. The proposed action is the award of a contract on a sole source basis to provide for extended warranty coverage for a Robotic Tool Picking System manufactured by P@P Picking Systems GmbH, distributed by Satisloh North America Inc. (Satisloh), located at N116 W18111 Morse Drive, Germantown, WI 53022-2484. The Government intends on awarding a Firm, Fixed-Price (FFP) contract.

3. Description of Supplies/Services. Extended warranty coverage for Robotic Tool Picking System. NOSTRA requires a yearly maintenance contract on their Robotic Tool Picking System manufactured by P@P Picking Systems GmbH to include all parts, including wear and tear parts, repair and scheduled preventive maintenance visits. PC hardware and software is excluded. Work required in performance of this contract shall be performed Monday through Friday 8:00 am – 5:00 pm (local time to NOSTRA), unless otherwise specified. The Contractor may be permitted to arrange the performance of work outside of these hours via coordination with the COR, at no additional cost to the government. Hot Line support services will also be provided not to exceed 20 hours per year during the hours of 8:00 am – 5:00pm (local time to NOSTRA).

4. Statutory Authority Permitting Other Than Full and Open Competition.

The statutory exception permitting other than full and open competition for this acquisition is 41 U.S.C. 1901. See also FAR 13.501(a) Sole source (including brand name) acquisitions.

5. Rationale Justifying Use of Cited Statutory Authority.

Thorough market research was conducted by technical experts in October 2019 and it was found that Satisloh was the only source identified that could perform the required maintenance services on the existing Robotic Tool Picking System manufactured by P@P Picking Systems GMBH. Search engines utilized included Google, Federal Business Opportunities (FBO), General Services Administration (GSA) Advantage, and Federal Procurement Data System (FPDS-NG). No results were found when P@P was searched. There were other automated picking systems found google search, however the system is already in place and this requirement is for the maintenance of the installed system. It would not be in the Government’s best interest to re-procure the system competitively when the current system is fully functioning and meeting the needs of the site; it is cheaper to maintain the current system.

This contract is to provide an extended warranty service and maintenance of NOSTRA’s Robotic Tool Picking System which is a very delicate and complicated piece of robotic equipment that is difficult to repair. This equipment automatically picks tools to make over 4,500 different prescription lenses for active-duty troops.

Because of the difficulty of repairs that are required and complexity to maintain this piece of robotic system, maintenance services cannot be completed by Government personnel as they are not certified to work on this particular piece of equipment. Only Original Equipment Manufacturer (OEM) trained technicians with requisite knowledge are able to provide maintenance service on the Robotic Tool Picking System at NOSTRA. The only

J&A#: 20-100000

OEM trained technicians available are those employed by Satisloh. It was verified by the manufacturer that Satisloh is the only North American company with authorized OEM trained technicians. Satisloh maintains proprietary control over robotic tool picking system manufactured by P@P Picking Systems GMBH warranties and service in the United States.

Without the Robotic Tool picking system on the production line, NOSTRA’s lens fabrication process currently utilized would be compromised and result in a work stoppage of ophthalmic lenses and would require devices to be surface generated and polished via traditional hard tool lap process, which is a process not available at NOSTRA.

It could also cause potential unnecessary delays providing patient care and negatively impact the Navy’s mission readiness.

For the reasons noted above, NMLC intends to issue a contract for 2 years total (Base period plus 1 option period) for service warranty, repairs and maintenance for the Robotic Tool Picking System to ensure that NOSTRA is able to maintain its mission.

Satisloh currently provides these services under sole source contract N62645-16-P-2009 and Satisloh’s performance on the current contract has been excellent. Satisloh is capable of meeting the requirements of the Government.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

Market research was performed, the results of which are in paragraph 5. A Sources Sought notice was posted FedBizOps’ website at www.fbo.gov on 22 October 2019. No responses or potential interest was received by the due date. This requirement will be posted to FedBizOpps in accordance with FAR 5.202.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

Future requirements will be synopsized in accordance with FAR 5.203. For the reasons set forth in Paragraph 5, Naval Medical Logistics Command has no plans at this time to compete future contacts for the types of supplies/services covered by this document. If another potential source emerges, NMLC will assess whether competition for future requirements is feasible.

Certifications and Approvals (see next page)