A.02.04_Justification_and_Approval_(JA)_for_Other_Than_Full_and_Open_Competition_rev3-Final.pdf

Control Number: 17-RHCO-C-136

For Official Use Only (See FAR 2.101 and 3.104-4) (25 February 2016)

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: U.S. Army Medical Command, U.S. Army Health Contracting Activity, Regional Health Contracting Office –Central, Fort Carson Health Contracting Cell, 5886 Barkeley Ace, Fort Carson, Colorado 80913.

2. Description of Action: This is a follow-on requirement. This will be a Firm Fixed Price contract. FY 17 Funds available, GFEBS PR#0010938842-0001. Period of Performance: 1 February 2016 to 30 September 2017 with two one year options. FY17, DHA, O&M funds will be used for this requirement.

3. Description of Supplies/Services: William Beaumont Army Medical Center is requesting a sole source contract to GSL Solutions, Inc. for the scheduled maintenance and repair service of the GSL Intell Pill System (Prescription System) equipment located in pharmacy at WBAMC Pharmacy, White Sands Missile Range (WSMR), PX Pharmacy, Fort Bliss Freedom Crossing (SFCC) Pharmacy, and Soldier Family Medical Center (SFMC) Pharmacy. The government owned GSL IntelliCab System is expected to be used for the next three years. This requirement is for a base year and two one year options for a total of $297,900.00.

4. Authority Cited: 41 United States Code 1901 as implemented in Federal

Acquisition Regulation 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items.

5. Reason for Authority Cited: GSL Solutions Inc. is the sole source provider RFID enabled prescription storage cabinets (IntelliCabs), and other OEM equipment and services designed to operate with the IntelliCab System. GSL does not sell any of its products or services through a reseller or distributor.

6. Efforts to Obtain Competition: This requirement is for full maintenance services for the GSL Intell Pill System (Prescription systems) located at the following pharmacies in support of the medical mission of the William Beaumont Army Medical Center: White Sands Missile Range (WSMR), Fort Bliss Freedom Crossing, Soldier Family Medical Center (SFMC), Post Exchange, and William Beaumont Army Medical Center. A sources sought notice was posted on FedBizOpps for one week and received one response from Progressivity L.L.C. stating that they have the ability to provide maintenance and repair services for the GSL IntelliCab System. No certification of training from GSL and a letter of authorization to perform maintenance on GSL equipment were provided. They stated they plan to manage the service on equipment by utilizing the actual manufacturer, GSL, for all service and repairs. GSL Solutions

Inc. provided the sole source letter stating that GSL Solution Inc. is the sole source provider for GSL’s prescription system for the maintenance of the GSL Products.

They also stated they do not subcontract their support and maintenance services. GSL is the only company that can execute repairs, software upgrades, and replacement parts on the IntelliCab System. Additional research of the Small Business Administration’s (SBA) Dynamic Small Business Search (DSBS) was conducted. The results showed that there are no economic group small businesses that can provide these services. A search of the GSA/VA under Category 65 II A, SIN A-92 using the keywords “maintenance” and “prescription system”. The results returned 26 vendors;

however, none of the schedule holders specifically included the GSL IntelliCab System.

It is in the best interest of the Government to solicit direct from the manufacturer, thereby a Notice of Intent to Sole Source to GSL Solutions Inc. will be posted prior to solicitation.

a. Effective competition. The requiring activity and Fort Carson Health Contracting Cell conducted extensive, detailed market research for this requirement.

b. Subcontracting competition. N/A

7. Actions to Increase Competition: Enhancing competition is always a priority when doing purchases; therefore, market research is done extensively on all sole source bus. Future purchases/maintenance of the GSL IntelliCab System (Prescription System) will be handled in similar manner, extensive market research and sources sought actions to FBO and GSA will be published. The requiring activity will continue to monitor the market for sources with the same or similar capabilities and if additional sources are found they will be included in future requirements.

8. Market Research: A search of the Small Business Administration’s (SBA) Dynamic Small Business Search (DSBS) was conducted using NAICS 811219 and keywords “Prescription System” and “Pill System maintenance”. The results showed that there are no economic group small businesses that can provide these services. A search of the GSA/ VA under Category 65 II A, Medical Equipment and Supplies, SIN A-92 Medication and Supply Packaging and Dispensing Equipment. Results returned 37 vendors, both large and small. The listing was reduced to 26 that included the keywords “maintenance” and “prescription system”; however, none of the schedule holders specifically included the equipment items installed at William Beaumont Medical Center. The sources sought notice was posted on FedBizOpps for one week and received one response from Progressivity L.L.C. stating that they have the ability to provide maintenance and repair services for the GSL Intell Pill System. No certification of training from GSL and a letter of authorization to perform maintenance on GSL equipment were provided. They stated they plan to manage the service on equipment by utilizing the actual manufacturer, GSL, for all service and repairs. GSL Solutions Inc.

provided the sole source letter stating that GSL Solution Inc. is the sole source provider for GSL’s prescription system for the maintenance of the GSL Products. They also stated they do not subcontract their support and maintenance services. GSL is the only company that can execute repairs, software upgrades, and replacement parts on the IntelliCab System. Thus, this requirement will be sole source to GSL Solutions. They are a small business under the proposed NAICS code.

9. Interested Sources: The only interested source is GSL Solutions Inc. GSL Solutions Inc. is the only contractor that is capable of providing repair and maintenance to the GSL equipment.

10. Other Facts:

a. Procurement history.

(1) Contract numbers and dates of the last several contracts for these same requirements.

- Previous contract was awarded to GSL Solutions under W91YU0-15-P-0161 on 1 February 2015. GSL Solutions Inc. is small business (Cage Code; 54QB2). This was a firm Fixed Price contract under NAICS 423450 and size standard of 100 employees.

The period of performance was from 1 Feb 2015 to 30 Nov 2016.

(2) The competitive status of these actions. Competed under Simplified Acquisition

Procedure and only one offer received from GSL Solutions Inc.

(3) Authority previously cited if less than full and open competition was used. N/A

(4) 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 both the results.

- Previous contract used full and open competition

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources.

- Previous contract was awarded to GSL Solutions Inc. under W1YU0-15-P-0161 as unrestricted (full and open competition). Only one quote received from GSL Solutions Inc. with an e-mail stating GSL Solutions is the sole source provider for support and maintenance of the GSL IntelliCab System components and operating system (software).

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys.

- Unable to obtain the history of this information

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes.

- Previous contract was competed but only one quote received from GSL Solutions Inc.

(manufacturer)

b. Other facts.

11. 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.

Signature:

Digitally signed by BATZEL.PATRICIA.M.1037857536

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=BATZEL.PATRICIA.M.1037857536

Date: 2017.01.03 16:25:31 -07'00' Date:

Typed Name: Patricia Batzel Title:_Contracting Officer Representative_

12. Requirements 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.

Signature:

BUSHEY.CASSANDRA.LYNNE.129

8240374

Digitally signed by BUSHEY.CASSANDRA.LYNNE.1298240374

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=BUSHEY.CASSANDRA.LYNNE.1298240374

Date: 2017.01.04 12:16:37 -07'00'

Date:

Typed Name:

SGT Bushey, Cassandra Title: Medical Maintenance NCOIC

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable by comparing the previous contract price to the IGE. There were no increases in unit prices from the previous contract.

Digitally signed by

PENROD.STEWART.C.1148797451

DN: c=US, o=U.S. Government, ou=DoD, T.C.1148797451 ou=PKI, ou=USA, cn=PENROD.STEWART.C.1148797451 Date: 2017.01.04 15:51:00 -07'00'

Signature: Date: 4 January 2017

Typed Name: Stewart C PenrodTitle:__Contracting Officer

BATZEL.PATRICIA.M.1037857536

PENROD.STEWAR

14. Contracting Officer Certification:

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

PENROD.STEWA

Digitally signed by

PENROD.STEWART.C.1148797451

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=PENROD.STEWART.C.1148797451 Date: 2017.01.04 15:51:20 -07'00'

Signature: Date:

4 January 2017

Typed Name: S_tewart C PenroTditle: Contracting Officer

RT.C.1148797451