LSJ_REDACTION.pdf

Control Number: 18-RHCO-C-323

Limited Sources Justification or Sole Source Determination for Actions under the Simplified Acquisition Threshold (Currently $150K)

1. Contracting Activity: REGIONAL HEALTH CONTRACTING OFFICE-C

36001 Darnall Loop, RM 155 Fort Hood, Texas 76544

2. Description of Action: Maintenance and Service of Excimer® Ophthalmic Laser and WaveScan WaveFront® System

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

Name of Intended Contractor: AMO Sales and Service, Inc.

Street Address: 1700 East St. Andrew Place City, State, Zip: Santa Ana, CA 92705-4933

Phone: 877-266-4543

3. Description of Supplies/Services: The item requested is for the scheduled maintenance and repair service of the Excimer® Ophthalmic Laser and WaveScan WaveFront® System located in the Ophthalmology Department at the Irwin Army Community Hospital (IACH), Fort Riley, Kansas. This requirement is a base year and two one year base periods for the maintenance and repair. The total acquisition cost for a base period and two option years and a potential six (6) month extension is $147,361.24.

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: The Excimer® Ophthalmic Laser and WaveScan WaveFront® System are currently in use at IACH. AMO Sales and Service offers the only maintenance services available for these unique patented, proprietary systems, manufactured in the United States and commercially available. Maintenance service, software, and repair parts for the Excimer® Ophthalmic Laser and WaveScan WaveFront® System are proprietary and available only through AMO Sales & Service Inc. 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 Excimer® Ophthalmic Laser and WaveScan WaveFront® System equipment without compromising the manufacturer’s full factory OEM warranty.

AMO Sales and Service has indicated that they will not be responsible for any defects that may come about from such unauthorized repair or modifications. If a third party vendor completes the repair services, this will void the manufacturer’s warranty on the laser system equipment/units, and optimum operation of equipment would be in jeopardy.

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 and service for the government owned Excimer® Ophthalmic Laser and WaveScan WaveFront® System.

7. Market Survey: A sources sought notice was posted to FedBizOpps from 22 February 2018 to 9 March 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 Excimer® Ophthalmic Laser and WaveScan WaveFront® System. Therefore, due to the proprietary nature of the product no other business can currently provide the requested services. AMO Sales and Service, 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 W91YU0-15-P-0323 Previously competed? N/A No Yes Previous authority for less than Full & Open Competition: FAR 13.106-1(b)(1)(i)

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)