LSJ_Anesthesia_Equipment_Maintenance_1Redacted.pdf

Control Number: 19-RHCO-C-213

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

1. Contracting Activity: REGIONAL HEAL TH CONTRACTING OFFICE-C 36001 Darnall Loop, RM 155 Fort Hood, Texas 76544

2. Description of Action: Draeger Anesthesia Maintenance & Service

Requirement: D New ~ Repeat Pricing: ~ Firm-Fixed Price D Time & Materials D Cost Funds: D OMA D Other Funds: DHP Total Dollar Value: $139,960.00

Name of Intended Contractor: Draeger, Inc.

Street Address: 3135 Quarry Road City, State, Zip: Telford, PA 18969

Phone: 800-437-2437

3. Description of Supplies/Services: The services required are for scheduled preventative maintenance of Government-Owned installed Draeger brand Anesthesia equipment. Including all scheduled PM parts, PM kit installation, and calibration of devices, labor, travel, tools, and test equipment necessary to maintain and/or restore the contracted equipment to operating specifications according to manufacturer's recommendations throughout the term of the agreement. Located at General Leonard Wood Army Community Hospital (GLWACH), Fort Leonard Wood, MO. This requirement is a short base and four (4) twelve month option periods. The estimated acquisition for a short base is $14,576.50 plus four (4) option years for a grand total of $126,544.50. The period of performance will be 1 March 2019 through 30 September 2023, with a potential 6 month extension.

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

D (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

D (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 (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

(21 October 2016)

D (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.

5. Reason for Authority Cited: Currently the Department of Logistics, Medical Maintenance Section at GLWACH does not have the organic capabilities, specialized training or current personnel that can maintain and support the particular government owned anesthesia equipment. Draeger Inc. is the sole manufacturer of this equipment and presently provides the care, maintenance and service of their equipment. Draeger Inc. currently does not have any authorized third party maintenance service providers for their products. Draeger Inc. 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.

Draeger Inc. currently does not provide any training on their equipment to any outside personnel.

The Contract Specialist conducted research and determined that if there are unauthorized third party repairs or that there has been any alteration or modification to the equipment Draeger 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 Draeger Inc. anesthesia equipment. At this time a Draeger Inc 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 GLWACH.

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. GLWACH will continue to evaluate the capabilities of other vendor's products and re-procure the products that proyide 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 Draeger Inc.

anesthesia equipment.

7. Market Survey: A sources sought notice was posted to FedBizOpps from 31 January 2019 to 04 February 2019; Draeger responded and one interested but unqualified vendor. 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 Granger D-Vapor and Apollo anesthesia equipment. Therefore, due to the proprietary nature of the product no other business can currently provide the requested services. Draeger 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~ W81K00-18-P-0319 Previously competed? D N/A ~No 0Yes Previous authority for less than Full & Open Competition: IA W FAR 13.106-l(b )(1 )(i)

Previous Contract or Purchase Order Number: or~ W81K00-18-P-0094 Previously competed? D NIA 0No ~Yes Previous authority for less than Full & Open Competition: NIA

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.

s ig nature: ARRINGTON.AMANDA.l YN.1374662470 g:~~1':;2~1t!~~~~ANDA.LYN.1374662470

Submitted By: Amanda Arrington Position Title : Procurement Specialist, Clinical Engineering

Email address: amanda.1.arrington6.civ@mail.mil Date: 08 February 2019

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:

CUMMINS.RANDALL.P.1072 ~~t:~s~~'~!t:=~~!.7:,~=SA.

303853 =~:=~::;:.::03853 Randall P. Cummins Contracting Officer randall .p.cummins.civ@mail .m ii 08 February 2019

(21 October 2016)