REDACT MEDRAD Injector - Sole Source Justification.pdf

J&A CONTROL NUMBER: 21-RHCO-404

SOLICITATION # W91YTZ21Q0141

Sole Sources Justification for Acquisitions under the Simplified Acquisition Threshold

(Currently $250k)

1. Contracting Activity:

Regional Health Contracting Office – Atlantic Fort Belvoir Contracting Branch 6021 5th Street, Building 1467 Fort Belvoir, VA 22060-5505

2. Description of Action:

Requirement: New Repeat Pricing: Firm-Fixed Price Time & Materials Cost Funds: OMA Other Funds: ___ Total Dollar Value: $16,829.82

Name of Intended Contractor: Bayer HealthCare LLC Street Address: 100 Bayer Blvd City, State, Zip: Whippany, NJ 07981-1544

Phone: (574) 252-3311

3. Description of Supplies/Services: Contractor will perform system upgrades, repairs, and preventive maintenance on the Medrad injectors system. All services must be performed by Bayer HealthCare LLC factory trained service engineers. The engineers are completely trained on Bayer HealthCare LLC products. Bayer HealthCare LLC does not authorize third party service for any of their products.

CLIN DESCRIPTION QTY UNIT PRICE TOTAL

0001 PM & Repair of Medrad Injector 1 $5,609.94 $5,609.94

1001 PM & Repair of Medrad Injector 1 $5,609.94 $5,609.94

2001 PM & Repair of Medrad Injector 1 $5,609.94 $5,609.94

Total Estimated Cost $16,829.82

Period of Performance: 1 May 2021

4. Authority Cited:

(a) FAR 13.106-1(b)(1)(i): Only one source reasonably available (e.g., urgency, exclusive licensing agreement, brand name or industrial mobilization); OR

(b) FAR 13.106-1(b)(1)(ii): Only one source can provide a portion of the purchase that is a particular brand-name item; OR

(c) FAR 8.405-6(a)(1)(i)(A): An urgent and compelling need exists, and following the procedures would result in unacceptable delays; OR

(d) FAR 8.405-6(a)(1)(i)(B): Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized; OR

(e) FAR 8.405-6(a)(1)(i)(C): In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order not previously issued under sole-source or limited-sources procedures.

5. Reason for Authority Cited: Kimbrough Ambulatory Care Center (KACC) owns four Bayer/Medrad Solaris Injector System model. These systems are fully integrated in KACC’s infrastructure and databases and would be unavailable if a new vendor were to be the recipient of this maintenance contract. The government would incur a higher cost with a new vendor due to the procurement of not only parts for maintenance, but the software for retrieving the historical patient data from KACC equipment because Bayer HealthCare LLC has the proprietary ownership of these products to perform the maintenance. Additionally, the vendor must possess the following capabilities: Must be a Bayer authorized field service representative and employed by end user of Bayer’s System; Trained, authorized and licensed to use the software solely for internal maintenance only; Possess Bayer’s HealthCare LLC designed, developed and manufactured software as these are proprietary products; Able to procure Bayer HealthCare LLC replacement parts, these parts are not available from other sources. Bayer HealthCare LLC is the only vendor that can provide the requested services. If another vendor attempts to service the equipment, any damages incurred would be at the government’s expense. There is no warranty if non Bayer HealthCare LLC contractors would attempt to provide the required services. Bayer HealthCare LLC is the only software program that provides a secure connection between the call center and customer sites to identify hardware and software problems and to send software upgrades without scheduling an on-site service call. Failure to maintain the system could potentially cause system failure, resulting in the Military Treatment Facility (MTF) to be unable to provide the needed services to patients being serviced by the MTF

6. Actions to Increase Competition: A solicitation along with the Limited Source Justification will be posted on BETA.SAM.GOV website which will close on 10 May 2021. Due to intellectual property rights and proprietary right no other vender is able to provide required services.

7. Market Survey: Market research was conducted in accordance with FAR Part 10 to identify qualified sources. Market research was accomplished on the Dynamic Small Business website by using NAICS Code 811219. Currently 8(a) Certified – 0, Currently Small Disadvantaged Business Certified –0, Currently HubZone Certified –0. General Schedule Administration does not offer these services on a Federal Supply Schedule.

8. Procurement History:

Previous Contract or Purchase Order Number: NW91YTZ17P0326 Previously competed? N/A No Yes Previous authority for less than Sole Source: FAR 13.106-1(b)(i)

9. Technical / Requirements Certification: I certify that the support data under my cognizance which are included in this mini-J&A are accurate and complete to the best of my knowledge and belief.

Submitted By: Gilbert Martinez, SSG Position Title : NCOIC, Medical Maintenance

Email address: Gilbert.martinezmargarito.mil@mail.mil Date: 5 May 2021

10. Contracting Officer Certification and Approval: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature:

Typed Name: Byron W. Bracey Position Title: Contracting Officer

Email address: byron.w.bracey.civ@mail.mil Date: 5 May 2021