J&A_Lens_Generator_Maint_Redacted.pdf

Log #17-10001

Form 02.4G.AB 18 Apr 2016

JUSTIFICATION AND APPROVAL

OTHER THAN FULL AND OPEN COMPETITION

1. Identification of the agency and the contracting activity, and specific identification of the document as a

“Justification for other than full and open competition.”

This justification is executed by the Naval Medical Logistics Command (NMLC), Fort Detrick, MD, on behalf of the Navy to meet Naval Ophthalmic Support & Training Activity (NOSTRA) requirements.

2. Nature and/or description of the action being approved.

The proposed action is to support Satisloh automated lens generators located at Naval Ophthalmic Support &

Training Activity (NOSTRA). The maintenance contract shall include all corrective maintenance, preventive maintenance, parts, labor, and travel. The Government intends on awarding a Firm Fixed Price (FFP) contract. The proposed source is Satisloh North America, Inc. (CAGE: 07RZ4), N106 W13131 Bradley Way Suite 200, Germantown, WI 53022-4442.

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

The requirement is for service and maintenance support of automated Satisloh lens generators located at Naval

Ophthalmic Support & Training Activity (NOSTRA). Specific devices that require coverage are shown in the attached equipment list.

Support for the automated lens generators shall include telephone support, on-site corrective maintenance, preventative maintenance, and system hardware/software updates, in accordance with the performance work statement. Support will be provided at a firm, fixed price, including all parts, labor, and travel. Support shall be provided for a period of performance spanning one year, initiating in fiscal year 2017; four (4) option years shall be available.

Vendor shall be an Original Equipment Manufacturer (OEM) authorized maintenance contractor for the proposed equipment/systems, 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.

Defense Health Program Operations & Maintenance (DHP O&M) (FY17) funds in the amount of will be used to fund the requirement. An additional in options will be exercised if funding is approved for a grand total of .

Base Year Option Year 01 Option Year 02 Option Year 03 Option Year 04 Total

4. An identification of the statutory authority 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), Sole Source (including brand name) Acquisitions.

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

Satisloh North America, Inc. (Satisloh) is the original equipment manufacturer (OEM) of the VFT Orbit automated lens generator. Satisloh field service engineers directly service VFT Orbit lens generators. Satisloh does not provide the most updated OEM training to any individuals outside of Satisloh employees. Parts required for repairs are proprietary; no authorized, third-party distributor provides OEM parts. Further, Satisloh has access to technology and software upgrades required to keep equipment fully functional and to meet all applicable standards, including cybersecurity requirements. Only Satisloh North America, Inc. can provide software licensing, warranty, and service associated with the Satisloh lens generators, in accordance with the OEM terms and conditions, under a maintenance agreement.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

Market research was performed, the results of which are in paragraph 8. This requirement will be posted to

FedBizOpps in accordance with FAR 5.202. The Government will evaluate any responses received.

7. A 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. A description of the market research conducted (see Part 10) and the results, or a statement of the reason market survey was not conducted.

Market research was conducted in August 2016. It included a search of the Internet using Google, Bing, FedBizOpps, and the ECRI Sourcebook. Satisloh North America, Inc. maintains proprietary control over OEM-certified service providers of VFT Orbit automated lens generators. No equipment technicians employed by third-party entities are OEM-certified to service Satisloh VFT Orbit automated lens generators. Further, no authorized, official OEM part distributors were found in market research nor noted by the representative of Satisloh. Thus, Satisloh North America, Inc. is the only vendor capable of meeting the Government requirement.

Satisloh North America, Inc. (Satisloh) is the original equipment manufacturer of the VFT Orbit automated lens generator. Satisloh field service engineers directly service VFT Orbit lens generators. The only OEM certified technicians, with requisite knowledge to provide service on the VFT Orbit, are those employed by Satisloh. Parts required for repairs are proprietary; no authorized, third-party distributor provides OEM parts. Further, Satisloh has access to technology and software upgrades required to keep equipment fully functional and meet all applicable standards, including cybersecurity requirements. Only Satisloh North America, Inc. can provide software licensing, warranty, and service associated with the Satisloh lens generators, in accordance with the OEM terms and conditions, under a maintenance agreement.

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

None.

10. A listing of the sources, if any, that 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. A statement of the 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.

TECHNICAL AND REQUIREMENTS CERTIFICATION

Required by FAR 13.106-3(b)(3)

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 Cognizance

Requirements Cognizance

CONTRACTING OFFICER CERTIFICATION

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

Contracting Officer

LEGAL SUFFICIENCY REVIEW AND CONCURRENCE

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

Assistant Counsel

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