Limiting-Competition-under-SAT_ACC Redacted.pdf

Firmware and Wireless Upgrade Package Control No: 20-RHCO-C-83

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: REGIONAL HEALTH CONTRACTING OFFICE-C 36000 Darnall Loop Room M1013 Fort Hood, Texas 76544

2. Description of Action:

Nature: ☒ New Requirement ☐ Follow-on Requirement

Contract Vehicle: ☒ Purchase Order Number 0011430084

Pricing/Contract Type: ☒ Fixed Price

Funds: ☒ Other Funds: DHP

FY: 20

Name of Proposed Contractor(s) and Address:

ICU Medical, Inc.

951 Calle Amanecer San Clemente, CA 92673-6212

Brand Name Buy: ☒ Yes

3. Description of Services or Supplies: The items requested are for Carl R. Darnall Army Medical Center for a firmware and software wireless upgrade package for the Hospira Patient Controlled Analgesia (PCA) infusion pumps that are designed to be used to help avoid patient medication or dosing errors. The base request is currently funded with FY20 funds.

Base Period: 01 January 2020 to 31 December 2020 Base Value:

01 January 2021 through 31 December 2022 (2 options) for a 3 yr. Total:

4. Authority:

☒ FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Version – February 2017

5. Reasons for Authority Cited:

The government has a continuing need to provide current and updated firmware and software for the “Government owned” Hospira PCA infusion pumps that are located at Carl R. Darnall Army Medical Center. The updated firmware and software shall a) ensure and enable software/medication library updates of medications within CRDAMC

b) avoid patient delay of care or unnecessary extended hospital stays and admission of patients c) reduce patient and staff risk from possible pharmacy and nursing human errors d) offers mandatory increased compliance with Joint Commission and e) provides readily accessible library of medications with programed patient safe dosages.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 ☒ do not apply due to the $ threshold.

7. Market Research: Initial market research revealed that the suggested vendor, a large business, was the only company that could provide all of the products that are needed for this “Government owned” equipment. Although other companies can provide PCA infusion pumps they do not provide the proprietary firmware and software that are required for this particular equipment. Therefore it has been determined that the government requirement can currently only be fulfilled by one source, ICU Medical, Inc.

However in the future we will utilize and determine through applicable market research if the item can be solicited through a government point of entry such as beta.SAM.gov.

8. Other Facts: For future actions, the Government will reassess the market for available vendors, including but not limited to, issuing a Sources Sought Notice to determine market availability for brand name, or equal requirements. The current “Government owned” equipment was purchased as a result competitive solicitation and award for initial outfitting of the new Carl R. Darnall Army Medical Center. A Special Notice of Intent for the proposed limited source award will be posted on beta.SAM.gov for which any responsible sources may submit a capability statement, proposal, or quotation which shall be considered by the agency for future requirements. When the current equipment reaches the end of its life cycle time frame, becomes obsolete or when equivalent appropriate maintenance and repair services become available every effort shall be made to increase competition and therefore an evaluation shall also be made concerning pertinent services. CRDAMC in conjunction with MEDCOM will continue to evaluate the capabilities of other vendor's services in order to provide items that are of 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.

9. Technical/Requirements 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.

Version – February 2017

Typed Name:

Date: 7 January 2020 Title: Chief, Equipment Management Branch, CRDAMC

Signature:

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10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon proprietary and historical acquisition data.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name:

Date: 7 January 2020 Title: Contracting Officer

Signature:

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KO reviewed and approved - draft, , 6 Jan 2020