Sole Source J-A-Redacted.pdf

Control Number: 22-RHCO-C-81 CUI

CUI

(Source Selection Information - See FAR 2.101 and 3.104-4)

APR 2021

Sole Source Justification and Approval Review Document Under FAR 13.501

Program/Equipment: The Regional Health Contracting Office - Central requests approval for a sole source contract with Elekta Inc. for repair and maintenance of the Government owned Elekta Nucletron Microselection High Dose Rate (HDR) Remote Afterloader, Treatment Control Workstation, and Radiotherapy Treatment Planning System (TPS).

Authority: "41 United States Code 1901 as implemented in Federal Acquisition Regulation 13.501(a)(l)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items".

Amount:

Prepared by: Kathy Clayton Typed Name: Kathy Clayton Phone:

E-mail: kathy.g.clayton.civ@mail.mil

Contracting Officer:

Typed Name: Derek Meilinger Phone:

E-Mail:

Technical Representative:

Typed Name: Gerd Schwalbe Phone:

Title: Contractor Officer Representative

Requirements Representative:

Typed Name: Art Navarrette Phone:

Title: Deputy Chief BES

Control Number: 22-RHCO-C-81 CUI

Annual Preventive Maintenance, Nucletron Microselection High Dose Rate (HDR) Remote Afterloader, Treatment Control Workstation, and Radiotherapy Treatment Planning System (TPS).

CUI

(Source Selection Information - See FAR 2.101 and 3.104-4)

APR 2021

6. Efforts to Obtain Competition: A Sources Sought notice was posted to the government point of entry (SAM.gov) on 22 November 2021. This notice resulted in no interested source responding. The hospital will continue to survey the market for products for competition.

a. Effective competition: It is anticipated that only one vendor is capable of meeting this particular requirement due to Elekta sole proprietorship. The use of non-Elekta parts and technician will invalidate the any warranty on parts or software upgrades.

b. Subcontracting competition. No Subcontracting Plan required in accordance with FAR 19.702(a)(1)(i).

7. Actions to Increase Competition: After contract award, this justification will be available at the Government Point of Entry (GPE), SAM.gov. If in the future other services become available, market research will be performed to consider other sources that meet or exceed the current requirement.

8. Market Research: Market research was conducted by customer on 26 March 2021, by contracting on 30 December 2021, and found that the Elekta Inc, the Original Equipment Manufacturer (OEM), is the only source that has the capabilities to provide these services. Elekta Inc. does not authorize the repair of equipment or software, provide training, nor sell parts to 3rd party vendors. A search was done on GSA and found that Elekta Inc. does not have a GSA contract. The services requested for unlimited repair services and maintenance can only be found on the open market and can only be provided by Elekta Inc.

9. Interested Sources: A Notice of Intent to sole source this action to Elekta Inc. will be posted to the Government Point of Entry (GPE), SAM.gov.

10. Other Facts: Discuss any other facts supporting the use of other than full and open competition, such as the following:

a. Procurement History.

(1) The competitive status of these actions.

Contract W81K00-19-P-0023 was competed as a Sole Source for Annual Preventive Maintenance with no interested parties and awarded to Elekta Inc. on 15 November 2018.

Contract W81K00-17-P-0401 was competed as a Sole Source for Annual Preventive Maintenance with no interested parties and awarded to Elekta Inc. on 15 May 2017.