Limiting Competition Under the SAT- Redacted.pdf

CUI/SP-SSEL

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: Medical Readiness Contracting Office-West 3551 Roger Brooke Drive, BLDG 1103 Joint Base San Antonio — Fort Sam Houston, TX 78234.

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Numbe

Pricing/Contract Type: Fixed Price

Funds: Operations & Maintenance, Army (OMA) Other Funds: FY: 24

Name of Proposed Contractor(s) and Address:

Provation Software, Inc.

533 South 3rd Street, Suite 300 Minneapolis, MN 55415

Brand Name Buy: Yes No

3. Description of Services or Supplies: The Government is required to obtain a non-personal service contract for the emergency repair of Provation/EndoPro software under the manufacturer's maintenance manuals, specifications, and quality control policies and procedures.

The contractor shall provide annual preventive maintenance for the Provation Software Inc.

manufactured EndoPro software located at the BAMC, Fort Sam Houston, TX.

Period of Performance: 21 December 2023 to 20 December 2024 Total Value:

4. Authority: "41 United States Code 1901 as implemented in Federal Acquisition Regulation 13.501(a)(l)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items".

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.

Or

CUI/SP-SSEL Control No: 23-RHCO

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1) Brand Name FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(C) Logical Follow-on FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

Market research reveals that Provation Software Inc. is the only source capable of providing the maintenance and software support of Provation Software Inc. manufactured EndoPro Software.

Services are to be completed by Provation Software Inc., which is the Original Equipment Manufacturer (OEM). Provation Software Inc. does not authorize the repairs of Provation Software Inc. manufactured equipment or software or sell parts to third-party vendors.

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, apply and will be followed, or do not apply due to an exception at 5.202 _____________.

Requirement to post justification in accordance with FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under SAT, no posting required Action is a brand name restriction, under $25K, no posting required Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(iii)(A) FAR 8.405-6(b)(3)(iii)(B) FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

7. Market Research: Market research was conducted throughout the requirement review process, and this is considered as sole source service due to the OEM software manufacture and

CUI/SP-SSEL

Biomed technician training availabilities.

8. Other Facts: Provation/EndoPro Inc. has proprietary rights with software licensing with this proposal. During the market research, the customer and contract specialist checked all the mandatory sources for other entities capable of servicing the requested software; as Provation/EndoPro Inc. has proprietary rights, no third-party entities are capable of performing the required services. Provation/EndoPro is the sole distributor of the product, and no other vendor has the capabilities of the Provation/EndoPro Inc. application.

9. Small Business

Small Business Opportunities: A search was conducted using search keywords as” Provation/EndoPro Inc.” did not provide any vendor who has service capabilities of EndoWriting software.

Schedule through GSA: A search was conducted using search key words as “Provation/EndoPro Inc.” and the result of search was only one vendor. Provation/EndoPro Inc. as manufacturer was only vendor from the search

10. 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.

11. Supervisor: 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.

12. Contracting Officer Certification/Approval: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. The IGE, historical procurement data and market research will be used to determine that the price is fair and reasonable. Certified cost or pricing data is not required per FAR 15.403-1(b)(3).

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

CUI/SP-SSEL Control No: 23-RHCO-

Version February 2017 and provided that the services or supplies herein described have otherwise been authorized for acquisition.