A.02_Hologic_Final__JA_v.2.pdf

Control Number: 19-RHCO-A-212

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

(1 October 2015)

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: Regional Health Contracting Office – Atlantic, 6021 5th Street, Building 1467, Fort Belvoir, VA 22060-5505

2. Description of Action: This action is for a new contract for Preventive Maintenance and Repair Support Services for two Hologic model “insight 2” mini C Arms and two Hologic 2 Dimensions 2D 8000 with Digital Computer-Aided Design (CAD) for Kimbrough Ambulatory Care Center, Fort Meade, MD in support of Active Duty Soldiers and beneficiaries. Operation and Maintenance, Army funds will be used to fund the requirement.

3. Description of Supplies/Services: Kimbrough Ambulatory Care Center has a requirement for Preventive Maintenance and Repair Support Services for two Hologic model “insight 2” mini C Arms and two Hologic 2 Dimensions 2D 8000 with Digital CAD.

The total estimated value of the procurement is $380,000.00 for a base period and four 12 month option periods.

4. Authority Cited: 41 United States Code 1901 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.

5. Reason for Authority Cited: Kimbrough Ambulatory Care Center (KACC) owns two Hologic model “insight 2” mini C Arms and two Hologic 2 Dimensions 2D 8000 with Digital CAD. In the past years under contract W91YTZ-14-P-M810 and W91YTZ-16-P- 0116, Hologic, Inc. has provided the required service for KACC. The systems mentioned above are fully integrated in KACC’s infrastructure and databases and would be unavailable if a new vendor were to be the recipient of this follow-on contract. The government would incur a higher cost with a new vendor due to the procurement of not only parts for maintenance, but the software for retrieving the imaging/photographs of historical patient data from KACC equipment because Hologic , Inc. has the proprietary ownership of these products to perform the maintenance. Additionally, the vendor must possess the following capabilities: Must be a Hologic authorized dealer or Hologic factory trained hospital Bio-Med Engineer to provide service for any Hologic products;

Possess Hologic designed, developed and manufactured software as these are proprietary products; and be able to procure Hologic replacement parts. These parts are not available from other sources. Hologic is the only vendor that can provide the requested services. If another vendor attempts to service the equipment, any damages incurred would be at the government’s expense. There is no warranty if a non Hologic contractor would attempt to provide the required services. Hologic Connect is the only software program that provides a secure connection between the call center and customer sites to identify hardware and software problems and to send software upgrades without scheduling an on-site service call. Failure to maintain the system

(Hologic Preventive Maintenance and Repair Support Services)

(See FAR 2.101 and 3.104-4)

(25 February 2016)2 could potentially cause system failure, resulting in the Military Treatment Facility (MTF) to be unable to provide the needed services to patients being serviced by the MTF.

In addition, the vendor must:

Be Hologic authorized dealer or Hologic factory trained hospital Bio-Med Engineer to provide service for any Hologic products.

Possess Hologic designed, developed and manufactured software. These are proprietary products.

Be able to procure Hologic replacement parts, such as the Array Detector. These parts are not available from other sources.

6. Efforts to Obtain Competition: A sources sought notice was posted on the Federal Business Opportunities (FBO,gov) website 16 January 2019 through 18 January 2019 and again on 22 January 2019 through 28 January 2019. There were two respondents, Hologic and a representative from Philips Healthcare requesting the specific models of Hologic x-ray equipment to be serviced.

a. Effective competition. None, there was no additional follow-up from Philips Healthcare.

b. Subcontracting competition. Not applicable. There are no subcontracting opportunities.

7. Actions to Increase Competition: It has been determined the minimum requirements are comprehensively and clearly described by the solicitation, the agency would not realize value by exceeding those minimum requirements, the proposed technical approaches will require no, or minimal, subjectifve judgment by the source selection authority. A high degree of confidence exists that review of other than the lowest bidder/offeror technical proposal will not provide greater value or benefit to the agency and determined the lowest price reflects full lifecycle costs, including for operations and support.

8. Market Research: Small Business Associate Research, to include key words :

Market Reseach was accomplished by searching NAICS Code 811219. Currently 8(a) Certified – 180, Currently Small Disadvantaged Business Certified – 81, Currently HubZone Certified – 128.

Internet Search: N/A

Federal Supply Schedule: Hologic, Inc. does not offer these services on a Federal Supply Schedule.

(25 February 2016)3

9. Interested Sources: Other than the initial inquiry from Philips Healthcare, described in paragraph 6, no other sources have written to express an interest. The notices required by FAR 5.201 shall be (or have been) published, and that any bids or proposals received shall be considered.

10. Other Facts: Discuss any other facts supporting the use of other than full and open competition, such as the following:

a. Procurement History.

(1) Contract numbers and dates of the last several contracts for these same requirements. W91YTZ-14-P-M810, $64,175.00 and W91YTZ-16-P-0116, $137,912.50. Options were not exercised on the aforementioned contracts, W91YTZ- 14-P-M810 and W91YTZ-16-P-0116, due to the procurement of newer sophisticated equipment and software.

(2) The competitive status of these actions. Unrestricted

(3) Authority previously cited if less than full and open competition was used. N/A, the previous contracts were competed.

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results. N/A, the previous contracts were competed.

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources.

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys. N/A

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes. N/A

b. Other facts. Provide any other facts necessary to justify limiting competition that were not previously stated. None

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.

Signature: ________________________________Date: __________

(25 February 2016)4

Typed Name: _CW2 Justin G. Jesus_____Title:__C, Equip.Management Branch

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.

Signature: ________________________________Date: __________

Typed Name: Byron W. Bracey_______Title:__Contract Specialist_________

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 based on a review of previous acquisitions and the Independent Government Estimate.

Additionally a price analysis will be conducted comparing the offeror’s proposal with current or recent prices for the same or similar items, adjusted to reflect changes in the market conditions, economic conditions, and quantities. Cost or pricing data is not required per FAR 15.403-1(b)(3). Commercial Items are being acquired.

Signature: ________________________________Date: __________

Typed Name: Yvonne T. Parson_______Title:_Contracting Officer_____

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

Signature: ________________________________Date: __________

Typed Name: Yvonne T. Parson_______Title: Contracting Officer_________

(25 February 2016)5