W81K04-25-D-A008 .pdf

CUI//SP-SSEL

Control Number:

'V-

Justification Review Document

For Sole Source - FAR Part 13.501

(*Format follows FAR 6.303-2, but modified to reflect FAR subpart 13.5 procedures)

Program: Army/Armed Forces Wellness Center Operations, Defense Centers for Public Health - Aberdeen, requests a follow-on contract to acquire preventive maintenance support of all BodPod equipment manufactured by COSMED USA Inc.

Authority: 41 United States Code 1901(e)(2) as implemented In Federal Acquisition Regulation 13.501 (a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial Items.

I

Amount:

Prepared by:

Typed Name: ^

(If FAR Clause 52.217-8 Is exercised, amount

DSN:

Contract Specialist Date:Title:

r

E-mail:

Contracting Officer:

Typed Name: ^ DSN:

Date Reviewed: 22 May 2025 E-Mail:

Technical Representative:

Typed Name: DSN:i

Title: Operations Manager DHA Public Health Date Reviewed:

Controlled by: Army Controlled by: USAHCA CUI Category: General Procurement and Acquisition Distribution/Limited Dissemination

Control: FED Only

POC:

CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104-4)

JUN 20231

Control Number;

Requirements Representative;

DSN:Typed Name

Title: Operations Manager DHA Public Health Date Reviewed;

Reviews

I have reviewed this justification and find it adequate to support other than full and open competition.

Legal Counsel

Typed Name: _f

DSN:

Date:Signature

CUI//SP-SSEL

JUN 20232

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: Health Readiness Office of Contracting, United States Army Health Contracting Agency, 2199 Storage Street, Suite 68, Joint Base San Antonio Fort Sam Houston, Texas 78234-5075.

2. Description of Action: Army/Armed Forces Wellness Center (AWC/AFWC) Operations Defense Centers for Public Health - Aberdeen (DCPH-A), requests a firm fixed priced

Indefinite Delivery Indefinite Quantity (IDiQ) contract with COSMED USA INC. Projected award is 1 July 2025; Defense Health Program funds will be used.

An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)( B).

3. Description of Supplies/Services: The requirement is a follow-on contract to acquire preventive maintenance support of all BodPod equipment manufactured by COSMED USA Inc. Preventive maintenance service support includes technical assistance and 24/7 support for critical systems faults to operate BodPod equipment within the standard AWCs/AFWCs.

Period of performance: 1 July 2025 - 30 June 2030 [Base Period one year and four one-year ordering periods]

Proposed Delivery period:

1 July 2025-30 June 2026 ;

1 July 2026-30 June 2027

1 July 2027-30 June 2028 1 July 2028-30 June 2029

1 July 2029-30 June 2030 1 July 2030 - 30 December 2030 * d

● I

FAR 52.217-8 extension)

Proposed Total $

*The number of units covered will fluctuate from one year to the next based on end of lifecycle and availability of funding to replace old units.

4. Authority Cited: 41 United States Code 1901(e)(2) as implemented in Federal Acquisition Regulation 13.501 (a)(1)(ii), sole source under the authority of the simplified procedures for certain commercial items.

5. Reason for Authority Cited:

Currently DCPH-A and the AWC/AFWC program operate 28 - 50 Bod Pod pieces of equipment. (The number of units covered will fluctuate from one year to the next based on end of lifecycle and availability of funding to replace old units.) Each piece of equipment

CUI//SP-SSEL

JUN 20233

Control Number:' remains in service for approximately seven years and needs occasional upgrades and replacements to stay effective in its continued support to the respective AWC/AFWC.

Support services were previously approved under Contract W81K04-23-D-0011, which is due to expire on 30 June 2025. Services are critical to the AWC/AFWC community. Continuation of operations and support services and preventive maintenance of all proprietary equipment is dependent on the manufacturer, COSMED USA, Inc. This vendor supplies and services all hardware/software for its proprietary BodPod equipment.

6. Efforts to Obtain Competition; There is no effective competition because of the proprietary nature of the equipment, which was specially designed by COSMED USA, Inc. To be considered, all proprietary equipment would have to undergo extensive compatibility studies with the current product design, which would cause unreasonable delays at AWC/AFWC locations. The AWC/AFWC, DCPH-A relies heavily on contracted preventive maintenance support. COSMED has provided a proprietary letter stating there are no third-party distributors/resellers or authorized vendors to maintain their equipment.

(a) Subcontracting competition. There are no subcontracting opportunities available.

7. Actions to Increase Competition: There have been no actions to increase competition since this is a proprietary product and other companies performing the maintenance will void the product warranty. Until COSMED authorizes vendors to conduct maintenance or maintenance support is no longer needed, this requirement will remain as a sole source.

8. Market Research:

The Requiring Activity conducted market research on 12 November 2024, and the Contracting Activity began market research on 19 December 2024. The extended service plan contract for COSMED BodPod provides the required preventive maintenance support necessary for the operation of the equipment. The AWCs use the COSMED BodPod to perform body composition analysis utilizing air displacement plethysmography technology.

(a)

Based upon the current BodPod requirement, it is determined through market research conducted on 19 December 2024, the requirement is specific to the COSMED USA, Inc. The preventive maintenance services cannot be fulfilled by any other vendor. The COSMED USA, Inc. proprietary memorandum is in Paperless Contracting File (PCF), W81K04-25-Q-A003, I, Pre-award, A. Requirements Development, 02. Requirements Package, Sole Source Documentation. The market research indicates that COSMED USA, Inc., is the only Source that provides the required preventive maintenance due to proprietary rights associated with the equipment.

(b)

9. Interested Sources: On 16 April 2025, a special notice of intent to issue a purchase order pursuant to FAR 13.106-1 (b)(1)(i) sole source, to COSMED USA, Inc. was posted on SAM.gov and closed on 1 May 2025. As a result, no businesses responded either with capability or interest.

CUI//SP-SSEL

JUN 20234

Control Number

10. Other Facts:

a. Procurement history.

(1) Contract Numbers and Dates of all awarded contracts for the same requirement:

W91ZLK-16-F-0024 10 September 2016 - 09 September 2017 W81XWH-17-F-0046 10 September 2017 - 09 September 2021 B W81K04-21-F-0202 10 September 2021 - 30 June 2023

W81K04-23-D-0011/W81K04-23-F-0205 - 01 July 2023 - 30 June 2024 W81K04-23-D-0011/W81K04-24-F-0176 01 July 2024 - 30 June 2025

(2) This procurement is a sole source requirement, COSMED is the manufacturer and provides their own service maintenance on their own equipment.

(3) Authority Previously Cited: FAR 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures.

(4) A J&A was approved for contract W81K04-23-D-0011 under identical circumstances.

The Original Equipment Manufacture remains the only source for repairs and maintenance for the BodPod units. The BodPod remains a significant piece in the AWC/AFWC mission.

Maintenance, Calibration and routine service support remains essential to the BodPod operation, and the units remain a proprietary product while other companies performing the maintenance will void the product warranty. COSMED doesn’t authorize vendors to conduct maintenance therefore, this requirement remains a sole source.

(5) No prior contract for this requirement was accomplished using full and open competition.

(6) No unusual patterns are revealed by the procurement history.

b. Other facts. During market research for the original IDIQ award, the vendor, COSMED USA Inc., who manufactured and designed all COSMED BodPod equipment, stated that they maintain the proprietary rights to the BodPod system. The proprietor (OEM) of supplies, services, including all hardware (software) maintains that any other company performing maintenance will void the warranty.

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.

Date:Signature:

Title: Operations Manager (COR)Typed Name:

CUI//SP'SSEL

{Source Selection Information - See FAR 2.101 and 3.104-4)

JUN 20235

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.

^3,, 23 May 2025L-

Typed Name: ^ Title: Operations Manager (COR).

13. Fair and ReasonableCost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. This determination is made by performing price analysis comparison with previous awards of these products and similar products on GSA Schedule. Certified cost or pricing data is not required for commercial items per FAR 15.403-1 (b)(3).

JOHNSON.CATHERINE- DigiUily signed By b3te: 23 May 2025i^. , ltH!LA.ULUhULA.l^yby Signature: 24093

TEHILA.OLUFOLA.1296824093

Dale. 2025.0523 12:00:<1 -OS OO’

Title: Contracting OfficerTyped Name: Satherine-Tehila Johnson

14. Contracting Officer Certification:

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

JOHNSON.CATHERINE- D'9i>a"ys'9''e9 oy

JOHNSON.CATHERINE

b3te: 23 May 2025TEHILA.OLUFOLA.1296824093

Date: 2025.05.23 12 01.08 OS'OO'Signature: 24093

Title: Contracting OfficerTyped Name: Catherine-Tehila Johnson

CUI//SP-SSEL

JUN 20236

Approval

Based on the foregoing justification, I hereby approve the procurement of BodPod extended warranty services for equipment manufactured bv COSMED USA INC., total dollar value of

I). Procurement is on another than full and open competition basis pursuant to the authority of 41 U.S.C. 1901(e)(2) as implemented by FAR 13.501 (a)(1)(ii), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

) (if FAR 52.217-8 is exercised

^-osyjpateSignature: 7 07:21:5

Title: Command Advocate for CompetitionTyped Name:

CU1//SP-SSEL

{Source Selection Information - See FAR 2.101 and 3.104-4)

JUN 20237