LSJ_Redacted.pdf

Control Number: 18-RHCO-C-425

Limited Sources Justification or Sole Source Determination for Actions under the Simplified Acquisition Threshold (Currently $250K)

1. Contracting Activity: REGIONAL HEALTH CONTRACTING OFFICE-C

36001 Darnall Loop, RM 155 Fort Hood, Texas 76544

2. Description of Action: WaveLight® EX500 Excimer and WaveLight® FS200 Femtosecond Laser Maintenance & Service

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

Name of Intended Contractor: Alcon Laboratories, Inc.

Street Address: 15800 Alton Parkway City, State, Zip: Irvine, CA 92623-49587

Phone: 949-753-1393

3. Description of Supplies/Services: The item requested is for the scheduled maintenance, service and repair of Alcon Laboratories, Inc. specialty refractive eye lasers located on Carl R. Darnall Army Medical Center (CRDAMC), Fort Hood Texas. This requirement is a base year and one option for the maintenance, service and repair. The total acquisition cost for a base period is $ and one option year at $ with a potential six (6) month extension is $ .

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.

(21 October 2016)

5. Reason for Authority Cited: Currently the Department of Logistics, Medical Maintenance Section at CRDAMC does not have the organic capabilities, specialized training or current personnel that can maintain and support the particular government owned specialty lasers. The particular specialty lasers are used in within the Department of General Surgery, Ophthalmology Department for refractive eye surgeries for active duty, family members and retirees. Alcon Laboratories is the sole manufacturer of this equipment and presently provides the care, maintenance and service of their equipment. Alcon Laboratories currently does not have any authorized third party maintenance service providers for their products. Alcon Laboratories maintains all proprietary and technical data rights to their equipment and does not sell any of its original equipment or services to any third party vendor. Alcon Laboratories currently does not provide any training on their equipment to any outside personnel. The purchasing agent conducted research and determined that if there are unauthorized third party repairs or that there has been any alteration or modification to the equipment, Alcon Laboratories has indicated that they will not be responsible for any defects that may come about from such unauthorized repair or modifications. This is to ensure that optimum operation and efficiency of the equipment is maintained and that proper functioning of the equipment conforms to the Original Equipment Manufacturer (OEM) standard specifications. Other vendors are not able to perform the repair services to manufacturer’s specifications on the Alcon Laboratories specialty lasers. At this time Alcon Laboratories is the only authorized service provider for their products therefore if any third party maintenance is performed the end user could be without their equipment for an unspecified amount of time, the optimum operation of equipment could be in jeopardy which may lead to possible disruption of patient care at CRDAMC.

6. Actions to Increase Competition: On future requirements the Government will try to procure these items through full and open competition on the Government Point of Entry. When the current equipment reaches the end of its life cycle, becomes obsolete or when equivalent equipment becomes available every effort shall be made to increase competition. CRDAMC will continue to evaluate the capabilities of other vendor's products and re-procure the products that provide the best value to the Government. The Government will continue to seek new resources that will satisfy these requirements through continued market research, requests for Statements of Capability, and telephonic inquiries. Telephonic and world-wide-web inquiries resulted in no other vendors that could provide for the proprietary maintenance, service and repair for the government owned Alcon Laboratories specialty lasers.

7. Market Survey: A sources sought notice was posted to FedBizOpps from 18 April 2018 to 24 April 2018 with no responses to the notice and no interested vendors. Initial market research revealed that the suggested vendor, a large business, was the only company that could provide for the maintenance and service for the government owned WaveLight® EX500 Excimer and WaveLight® FS200 Femtosecond Laser equipment. Therefore, due to the proprietary nature of the product no other business can currently provide the requested services. Alcon Laboratories, Inc. is the sole authorized provider of the maintenance and service that are needed for this procurement.

8. Procurement History:

Previous Contract or Purchase Order Number: or N/A

Previously competed? N/A No Yes Previous authority for less than Full & Open Competition:

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.

Signature:

Submitted By:

Position Title :

Email address:

Date:

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:

Position Title:

Email address:

Date:

(21 October 2016)