StrykerJ_A.pdf

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.5 (14 March 2023)

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION

FOR A FAR PART 13 ACQUISITION UNDER THE SIMPLIFIED

ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Requirement is for ProCare Service provided by Stryker Corporation. ProCare Service will provide preventive maintenance and repairs of Government owned Stryker Power

Load Stretchers, Power PRO XT Powered Ambulance Cots, EZ PRO and MX PRO

Ambulance Cots and Stair PRO. Required period of performance is 01 September 2023 through 31 August 2024.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. _x_ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. _x_ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

Stryker Corporation is the original equipment manufacturer (OEM) of

Government owned Stryker Power Load Stretchers, Power PRO XT

Powered Ambulance Cots, EZ PRO, MX PRO Ambulance Cots and Stair

PRO, and holds all copyrights and patent rights to this equipment.

ProCare Service is a proprietary service from Stryker Corporation and is required to ensure that only OEM parts and certified field service technicians are used to properly maintained, repair, and calibrate the equipment in accordance with OEM guidelines for safe operation, and proper function with the PowerPro systems installed in Government owned ambulances..

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.5 (14 March 2023)

2. _x__ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM. ProCare Stryker

Corp, the OEM, is the sole provider of services. They do not have authorized distributors.

3. ___ OTHER REASONS.

B. ___ BRAND NAME

Item required must be a brand name, product, or feature of a product, particular to one manufacturer.

C. ___URGENT AND COMPELLING. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required: