JandA.pdf

Limited Sources Justification or Sole Source Justification for Acquisitions under the Simplified Acquisition Threshold (Simplified Acquisition Threshold is $150K)

1. Contracting Activity: Control Number: 16-RHCO-P-163; The Department of Anesthesia and Operative Service (DOAOS) Madigan Army Medical Center, (MAMC) is requesting approval of a sole source contract to Cochlear Americas Corporation for patient specific nucleus profile Implants

Period of Performance: 11 March 2016 thru 30 September 2016.

2. Description of Action:

Requirement: New Repeat Pricing: Firm-Fixed Price Time & Materials Cost Funds: OMA Other Funds: _________ Total Dollar Value: $128,000.00

Name of Intended Contractor: Cochlear Americas Corporation Street Address: 13059 E Peakview Ave City, State, Zip: Centennial CO, 80111-6511

Phone: 919-619-6999

3. Description of Supplies/Services: The doctor/surgeon under the Department of Anesthesia and Operative locate at Madigan Army Medical Center, (MAMC) is requesting a sole source purchase of Nucleus Profile CI512 Implants from Cochlear Americas Corporation for a specific patient that will be going through surgery.

The required invasive implants prescribed by the patients’ physician/surgeon and determined by the physicians to be best suited to meet the medical, health and life-style needs of the specific patient.

4. Authority Cited:

xx (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.

5. Reason for Authority Cited: The doctor/surgeon has evaluated several vendors on implant surgical products to determine the ones that will best meet the patient's needs during surgery under FAR 13.106-1 (b)(1)(i) Based on a comparison with similar nucleus implant products in the market place, the surgeon in consultation with the attending surgical team has determined that the nucleus profile implant offered by Cochlear Americas Corporation best meets the specific patient needs for surgery and the implant can be delivered in time for surgery preparation. Reduced liability risk, administrative and training time represent a cost savings to the Government. Increased likelihood of successful surgery, recovery, and quality of life derived from the most appropriate implant based on the surgeon’s diagnosis is a significant intangible benefit to the Government consistent with the mission of the Army Medical Command.

6. Actions to Increase Competition: A general competitive effort is made by the surgeon and attending team throughout the requirement review process which considers the applicability of products from various sources to determine the product that best meets the needs of the patient. This effort at the requirement definition level is not publicized on Federal Business Opportunities in accordance with FAR 5.201, but is standard industry practice. Efforts to obtain competition are not practical because this requirement is needed for the surgery. In addition, the intended contractor is the only source capable of meeting the surgeon’s requirements prescribed for the patient.

7. Actions to Increase Competition: This is a one-time purchase.

Will this be posted on ASFI to increase competition: .YES

8. Market Research: This requirement is for surgical supplies (Class VIII). Details, including key word searches, are described in the Market Research Report that supports this J&A, found at PCF 01.01_Market_ Research and submitted with the J&A for review purposes. A Dynamic Small Business Search was conducted and did not identify two or more small business that can provide the same or equal product prescribed by the surgeon for the patient.

9. Procurement History:

Previous Contract or Purchase Order Number Previously competed? N/A No Yes Previous authority for less than Full & Open Competition: FAR Subpart 13.106-1 (b) (1)

10. 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.

Submitted By: April Sheppard/Debbie Haynes (DOAOS)

Position Title : Purchasing Agent Email address: april.m.sheppard.civ@mail.mil

Debbie.y.haynes.civ@mail.mil

Date: 8 March 2016

11. Contracting Officer Certification and Approval: I certify that this justification is accurate and complete to the best of my knowledge and belief.

mailto:april.m.sheppard.civ@mail.mil

Signature:

Typed Name: Richard J. Meadows Position Title: Contracting Officer Email address: Richard.j.meadows3.civ@mail.mil

Date: 8 March 2016