Sole Source J-A_Redacted.pdf

Control Number: 22-RHCO-C-88 CUI

CUI

(Source Selection Information See FAR 2.101 and 3.104 4)

APR 2021

Justification Review Document 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 Hologic Inc. for maintenance and support of the Mammography Equipment and Software Application.

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: der

Technical Representative:

Typed Name: Derrick Cooper Title: Contractor Officer Representative

Requirements Representative:

Typed Name: Art Navarrette Phone:

Title: Deputy Chief BES

Control Number: 22 RHCO C 88 CUI

Annual Preventive Maintenance, Mammography Equipment and Software Application

CUI

(Source Selection Information See FAR 2.101 and 3.104 4)

APR 2021

Reviews

I have reviewed this justification and find it adequate to support other than full and open competition.

Legal Counsel

Typed Name: Julia Hatch Phone:

Signature:

Command Advocate for Competition

Typed Name: Kerry Alvarenga Phone:

Signature:

CUI

(Source Selection Information See FAR 2.101 and 3.104 4)

APR 2021

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: Regional Health Contracting Office - Central, Fort Sam Houston, Texas

2. Description of Action: The Regional Health Contracting Office - Central requests approval for a sole source contract with Hologic Inc. for maintenance and support of the Mammography Equipment and Software Application. The use of FY22 Department Health Program Operation and Maintenance funds will be utilized to procure a firm fixed priced commercial contract.

3. Description of Supplies/Services:

service contract for the maintenance and support of Mammography Equipment and Software Application in accordance with the manufacturer's maintenance manuals, specification, and quality control policies and procedures.

The contractor shall provide for the Hologic Mammography Equipment and Software application located at the Emergency Department, BAMC, Fort Sam Houston.

Period of Performance: 1 April 2022 to 3

Base Period: 1 April 2022 to 3 202 Option Period 1: 1 202 to 3 202 Option Period 2: 1 202 to 3 202 Option Period 3: 1 202 to 3 202 Option Period 4: 1 202 to 3 202 FAR 52.217-8: 1 202 to 3 2027

Value:

Value:

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Value:

4. Authority Cited: "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".

5. Reason for Authority Cited: Market research reveals that Hologic Inc. is the only source that has the capability to provide the maintenance and software support of Mammography Equipment and Software application. Services are to be completed by Hologic Inc. and can only be provided by the Original Equipment Manufacturer (OEM). Hologic Inc. does not authorize the repairs of Hologic manufactured equipment or software, or sell parts to third party vendors.

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 29 December 2021. This notice resulted in two interested sources responding. Correspondence was sent to each vendor asking to provided Hologic certified training certificates, none of the vendors were able to provide. The hospital will continue to survey the market for products for competition.

Effective competition: It is anticipated that only one vendor is capable of meeting this particular requirement due to Hologic The use of non-Hologic software upgrades and technician will invalidate the warranty on existing machines.

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. In order to remove any future barriers to competition the government will continue to monitor the market in case other options become available to increase competition before exercising each option period.

8. Market Research: Market research was conducted by the customer on 29 October 2021 and additional research by the contracting office on 20 January 2022 and found that the OEM is the only source that has the capabilities to provide these services. Hologic 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 Hologic Inc. does not have a GSA contract. The services requested for software support repairs and upgrades can only be found on the open market and can only be provided by Hologic Inc.

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

10. Other Facts: None

a. Procurement History.

(1) The competitive status of these actions.

Contract W81K00-20-P-0057 was competed as a Sole Source for the maintenance and support of Mammography Equipment and Software application with no interested parties and awarded to Hologic Inc. on 30 March 2020. This contract was awarded for maintenance and support of Mammography Equipment and Software application

CUI

(Source Selection Information See FAR 2.101 and 3.104 4)

APR 2021

Contract W81K00-18-P-0566 was competed as a Sole Source for the maintenance and support of Mammography Equipment and Software application with no interested parties and awarded to Hologic Inc. on 10 September 2018. This contract was awarded for maintenance and support of Mammography Equipment and Software application

(2) Authority previously cited if less than full and open competition was used, FAR 13.106- 1(b)(1)(i).

(3) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results. A redacted J&A was posted to the GPE, no responses were received.

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

Additionally, an evaluation of the market will be conducted prior to the exercise of any options or renewal related to this requirement. Pricing, availability and any alternative solutions will be the focus of that research. The contract file will be properly documented with any findings.

(5) There have been no unusual patterns related to this requirement regarding urgency or competition.

10. Technical Certification: Include the following statement:

I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Typed Name: Derrick Cooper Signature:

Title: Contracting Officer Representative

11. Requirements Certification:

I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Typed Name: Art Navarrette Signature:

Title: Chief BES

12. Fair and Reasonable Cost Determination:

CUI

(Source Selection Information See FAR 2.101 and 3.104 4)

APR 2021

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. The IGE, historical procurement data and market research will be used to determine that the price is fair and reasonable. Certified cost or pricing data is not required per FAR 15.403-1(b)(3).

Typed Name: Derek Meilinger Signature:

Title: Contracting Officer

13. Contracting Officer Certification: This certification shall be made by the contracting officer who will sign the contract resulting from this justification and approval. Include the following statement:

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

Typed Name: Derek Meilinger Signature:

Title: Contracting Officer

CUI

(Source Selection Information See FAR 2.101 and 3.104 4)

APR 2021

Control Number: 22 RHCO C 88 CUI

Approval

Based on the foregoing justification, I hereby approve limiting sources in the acquisition of Mammography Equipment and Software Application in the amount of pursuant to the authority of Federal Acquisition Regulation 13.501(a)(l)(ii), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Typed Name:

Title:

Signature: