JA_Memo.pdf

Control Number: 16-RHCO-P-335

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

Sole Source Justification and Approval

Under FAR 13.501

1. Contracting Activity: Regional Health Contracting Office-Pacific, Joint Base Lewis- McChord (JBLM) Health Contracting Cell, 673 Woodland Square Loop SE, Lacey WA 98503.

2. Description of Action: Madigan (MAMC) Army Medical Center, Tacoma WA, Logistics Division is requesting a repeat Sole-Source Contract to Medtronic Sofamor Danek USA, Inc. 1800 Pyramid Place Bldg A, Memphis, TN, 38132-1703 , using OMA funds.

3. Description of Supplies/Services: Madigan Army Medical Center, is requesting an acquisition for Maintenance & Repair of the Radiographic O- Arm Imaging System. The maintenance of this system requires access to these specialized parts and software. Medtronic does not sell its parts to other maintenance companies and the software updates are only available from Medtronic. This maintenance services and repairs are needed to ensure that optimum operation and efficiency of this equipment is maintained and that proper functioning of the equipment conforms to the Original Equipment Manufacturer (OEM) standard specifications. Medtronic Sofamor Danek USA, Inc has sole proprietary rights for providing maintenance on this equipment. The equipment is considered mission critical and imperative to maintaining patient care at hospital.

4. Authority Cited: FAR 13.106-1(b)(1)(i): Only one source reasonably available (e.g., urgency, exclusive licensing agreement, proprietary, brand name or equal, or industrial mobilization.

5. Reason for Authority Cited: The requirement is for Maintenance & Repair of the Radiographic O- Arm Imaging System under FAR 13.106-1 (b) (1) (i).on the equipment located at Madigan Army Medical Center, Tacoma, WA. Medtronic Sofamor Danek USA is the sole manufacture of the equipment, which has proprietary rights for services/parts on the equipment. The Government currently owns the equipment throughout the hospital. The equipment is considered mission critical and imperative to maintaining patient care.

6. Efforts to Obtain Competition: Order will be synopsized in accordance with FAR 5.201.

7. Actions to Increase Competition: No action on the part of this office will decrease this type barrier to competition. Thermo electron Medtronic Sofamor Danek USA is the only authorized source available to provide the required maintenance and repair on the existing equipment. This effort at the requirement definition level is not publicized on Federal Business Opportunities, except as a “Special Notice” in accordance with FAR 5.201, but is standard industry practice. Efforts to obtain competition are not practical because of the sole proprietary rights for service parts on the equipment; therefore the intended contractor as listed is the only source capable of meeting the customer outline specification without with impacting the critical mission of patient care.

8. Market Research: This requirement is for a maintenance service (Class VIII). Details; including key word searches are described in the Market Research Report that supports this J & A, found at PCF, file A.01.01_Market Research and submitted with J & A for review purposes. Market research indicates that there are several other contractors that offer similar maintenance services and repairs. However, with

(See FAR 2.101 and 3.104-4)

Medtronic Sofamor Danek USA has proprietary rights they are the only vendor authorized to perform maintenance and repair on the existing equipment.

9. Interested Sources: The Notice required by FAR 5.201 will be published.

10. Other Facts:

a. Procurement history. The following are previous acquisitions obtained from this vendor. W91YU0- 12-C-0019 and W91YU0-15-P-0480. The competitive status of this action as a previous authority for less than Full and Open Competition IAW FAR 13.106-1(b) (1) (i).

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.

MSG, Samuel Bayles NCOIC Clinical Engineering Branch samuel.a.bayles.mil@mail.mil Date:

12. 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.

MSG, Samuel Bayles NCOIC Clinical Engineering Branch samuel.a.bayles.mil@mail.mil Date:

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

Richard J. Meadows Date:

Contracting Officer

RHCO-P-JBLM-HCC

6 June 2016

6 June 2016

BAYLES.SAMUEL.ABRAMS.1179042270

Digitally signed by BAYLES.SAMUEL.ABRAMS.1179042270 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=BAYLES.SAMUEL.ABRAMS.1179042270 Date: 2016.06.06 12:42:58 -07'00'

BAYLES.SAMUEL.ABRAMS.1179042270

Digitally signed by BAYLES.SAMUEL.ABRAMS.1179042270 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=BAYLES.SAMUEL.ABRAMS.1179042270 Date: 2016.06.06 12:45:22 -07'00'

MEADOWS.RICHARD.JESSE.1044030655

Digitally signed by MEADOWS.RICHARD.JESSE.1044030655 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=MEADOWS.RICHARD.JESSE.1044030655 Date: 2016.06.09 10:28:23 -07'00'

(See FAR 2.101 and 3.104-4)

14. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Richard J. Meadows Date:

Contracting Officer

RHCO-P JBLM-HCC

MEADOWS.RICHARD.JESSE.1044030655

Digitally signed by MEADOWS.RICHARD.JESSE.1044030655 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=MEADOWS.RICHARD.JESSE.1044030655 Date: 2016.06.09 10:28:56 -07'00'