Sole_Source_Justification__Redacted.pdf

Control Number: 18-RHCO-C-280

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, 5885 Barkeley Ave, Fort Carson, Colorado 80913.

2. Description of Action: This is a follow on contract. This will be a Firm Fixed Price Contract. FY18 Funds, GFEBS 0011148973, DHP, O&M funds will be used for this requirement. Period of Performance is 4 April 2018 - 3 April 2019 with two one-year option periods.

3. Description of Supplies/Services: This requirement is for an on-site full maintenance services for VISK Star Excimer and Femtosecond Laser Systems to support Ophthalmology department for patients undergoing Lasik/ENT procedures and surgeries. These laser systems are utilized on a daily basis for patient cases, procedures and surgeries in support of patient care. This requirement include all resources, labor, travel, transportation, parts, material, equipment to keep the medical equipment in good operating condition for daily procedures and surgeries for patient care and to perform all scheduled and unscheduled maintenance required at Evans Army Community Hospital, Fort Carson, Colorado. The total contract value, base plus two options will be .

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 authority of the simplified procedures for certain commercial items.

5. Reason for Authority Cited: Maintenance Service, Software, Hardware, Licenses and repair parts are proprietary and available only through AMO Sales and Service Inc.

The equipment is owned by the Government. Intralase Femtosecond Laser has a life expectancy of 8 years and VISX Star Excimer Laser has a life expectancy of 7 years.

AMO Sales and Service Inc. is the sole factory-authorized and certified supplier of parts and service for the equipment that they manufacture including products under the brand names of AMO. All replacement parts manufactured or marketed by AMO are compliant with original equipment manufacturer specifications. These parts are sold and shipped directly to the end user of the products. Distributors are not utilized.

6. Efforts to Obtain Competition: Market research was conducted and a Sources sought notice was posted on FBO for this requirement and no responses were received.

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

b. Subcontracting competition. NIA

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

(25 February 2016)

On-site full maintenance services for VISK Star Excimer and Femtosecond Laser Systems

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

7. Actions to Increase Competition: AMO is the only company that can support their products and proprietary equipment diagnostic software. When the Laser systems are replaced, then full and open competition will be sought for replacement of equipment and its associated maintenance and repair agreements.

8. Market Research: A search of the Small Business Administration's (SBA) Dynamic Small Business Search (DSBS) was conducted using NAICS 811219 and keywords N repair, maintenance". The results showed that there are many small businesses that could provide these services. In addition, a search of GSA/VA schedules under Category 65 II A, Medical Equipment and Supplies, SIN A-200 Equipment maintenance and Repair. The result showed fifty-five small businesses. A sources sought notice was posted on FBO and received no responses. Many of the competitors found in open market but they only service and provide original equipment manufacturer products they produce. Maintenance Service, Software, Hardware, Licenses and repair parts of VISX Star Excimer and Femtosecond Laser Systems are proprietary and available only through AMO Sales and Service Inc. AMO Sales and Service is the sole source for the maintenance of these laser systems. There are no third party distributors.

9. Interested Sources: A sources sought notice was posted on FedBizOpps from 21 February 2018 through 26 February 2018 and no responses were received. To date, no other sources have written to express an interest.

10. Other Facts:

a. Procurement history.

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

was awarded a sole source contract to AMO Sales and Service

Inc. for . The authority FAR 6.302-1, 10 U.S.C 2304(c)(1) used. The Period of Performance is 1 March 2012 through 28 February 2014.

was awarded a sole source contract to AMO Sales and Service Inc for . The authority FAR 6.302-1,10 U.S.C. 2304(c)(1) used. The Period of Performance was from 15 March 2014 through 14 March 2017.

On-site full maintenance services for VISK Star Excimer and Femtosecond Laser Systems

For Official Use Only (See FAR 2.101 and 3.104-4) was awarded a sole source contract to AMO Sales and Service Inc for . The authority used was FAR 13.106-1(b)(1)(i). The Period of Performance was from 4 April 2017 through 3 April 2018.

(2) The competitive status of these actions.

AMO Sales and Services Inc is the only contractor that is capable of providing the services for VISX Star Excimer and Femtosecond Laser Systems.

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

FAR 13.106-1(b)(1)(i)

(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 of the results.

This requirement is for a full maintenance service of VISX Star Excimer and Femtosecond Laser Systems. AMO is the sole factory-authorized and certified supplier of parts and service for the equipment that they manufacture including products under the brand names of AMO. All replacement parts manufactured or marketed by AMO are compliant with original equipment manufacturer specifications. These parts are sold and shipped directly to the end user of the products. There are no certified distributors.

(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. N/A

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

(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.

There are no significant changes.

b. Other facts. None

11. Technical 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.

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