36C24621Q0460_2.docx

Contract Opportunity Special Notice

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* = Required Field Contract Opportunity Special Notice BrainsWay Advanced System D Model 23667 36C24621Q0460 N 339112 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 Contract Specialist Ruth Morris ruth.morris@va.gov 757-315-2985 Alternate POC: Jerry L. Mann jerry.mann@va.gov ruth.morris@va.gov ruth.morris@va.gov

NOTICE OF INTENT TO AWARD SOLE SOURCE

The SAO East/NCO 6 Contracting Office, Hampton, Virginia intends to award a Sole Source contract to Brainsway USA, Inc. (OEM) for the Advanced System D Model 104V. Hampton VA Medical Center requires the BRAINSWAY Advanced System D Model 104V for treating of their mental health patients with major depressive and obsessive-compulsive disorder. Hampton VAMC Mental Health Department is equipped with several Brainway products from OCD helmets to maintenance agreements, that was previously purchased and approved for use.

This purchase will be made under Simplified Acquisition Procedures and Other than Full and Open Competition as authorized by FAR 8.405-6(a)(1)(i)(B). The anticipated award date is May 10, 2021. Please note that this is not a request for competitive proposals. However, all interested parties who believe they can meet the requirements are invited to submit in writing complete information describing their ability to provide the services listed above. Deadline date for the submittals is May 7, 2021 at 10:00am Eastern Standard Time. A determination by the government not to compete this requirement based on responses to this notice is solely within the discretion of the government. Information received will be considered solely for determining whether to conduct a competitive procurement.

For information regarding this purchase, contact Ruth Morris, Contract Specialist, at (757) 315-2985 or email: ruth.morris@va.gov.

DEPARTMENT OF VETERANS AFFAIRS

Justification for Brand Name IAW FAR 13.106-1 For Over Micro-Purchase Threshold but Not Exceeding the SAT ($250K)

Acquisition Plan Action ID:36C246-21-AP-1394

1. Contracting Activity: Department of Veterans Affairs, VISN 06, Hampton VA Medical Center, 100 Emancipation Drive, Hampton VA 23667 Purchase Request Number:590-21-2-985-0226

2. Brief Description of Supplies/ Services required and the intended use/Estimated Amount:

The Brainsway Advanced System D Model 104 is used for Transcranial Magnetic Stimulation (TMS) Therapy. The TMS is an advance treatment and therapy for patients with major depressive and Obsessive-Compulsive Disorder.

3. Unique characteristics that limit availability to only one source, with the reason no other supplies or services can be used: The Hampton VA Medical Center Mental Health Department have a requirement to procure the BRAINSWAY Advanced System D Model 104. The Advanced System D Model 104 is used for non-invasive treatment of common brain disorders. Hampton VA Medical Center requires the BRAINSWAY Advanced System D Model 104V for treating of their mental health patients with major depressive order and obsessive-compulsive disorder. Hampton VAMC Mental Health Department is equipped with several Brainway products from OCD helmets to maintenance agreements, that was previously purchased and approved for use by the Community Psychiatric Rehabilitation Center. To maintain standardization and consistency throughout the Mental Health Department, purchasing any other system would be incompatible with current operation. This procurement is in direct support of the Medical Services continuity of care. Based on facility need and existing conditions, like or similar items will not suffice.

4. Description of market research conducted and results or statement why it was not conducted: Market research was conducted by querying the VIP on 03/31/2021 utilizing NAICS 339112 and Key Words “Brainsway Advanced System D Model 104” revealed 352 vendors; 306 SDVOSBs and 46 VOSBs. A Source Sought Notice was issued on Contract Opportunities (36C24621Q0460) from 03/26/2021 to 04/01/2021: The following responses received from (1) SDVOSB vendor appear interested and qualified to fulfill requirement: Fidelis Sustainability Distribution, LLC (DUNS: 078849033). FPDS query search using Keyword “Brainsway” under Department of Veterans Affairs revealed 13 possible vendors used for information purposes only. NAC searched using keyword “Brainsway USA, Inc” revealed 7 results under contract number 36F9719D0039/SIN A-72; no exact match. SAC searched using keyword “Brainsway USA, Inc” revealed no possible sources. GSA eLibrary; search using keyword “Brainsway” revealed vendor (Brainsway USA, Inc) a SB holds a GSA contract 36F9719D0039 expires 01/31/2024 utilizing source 65IIA A-72 category. Second search using Keyword (Brainsway Advanced System D Model 104 revealed no results. GSA Advantage: searched using keyword “Brainsway Advance D Model 104 and Item number SYS-104-001; revealed no potential vendors. SBA Dynamic Small Business Search (SBDS) search using NAICS 339112 and Keywords “Brainsway D Model 104”; and “Advance System D Model 104” revealed no potential vendors revealed. SBA.gov was used to verify 339112 size standards as 1000 employees.

The Brainsway Advanced System D Model 104 in need for this procurement OEM is (Small Business: Brainsway USA, Inc DUNS:080312377). Brainsway USA, does not have any authorized reseller/distributors for this product. Communication via email with the manufacturer (Brainsway USA, Inc) stated there is no (SDVOSB/VOSB) authorized distributor for the items in need for this requirement.

With Brainsway USA, being the only authorized distributor, the Contracting Officer does not have a reasonable expectation of receiving 2 or more quotes from SB’s if we were to set this requirement aside as 100% small business. The Contracting Officer is electing to Sole Source resulting in an award via Open Market, Firm-Fixed Price to the OEM Brainsway USA, Inc. IAW FAR Part 13.106-1 (b).

5. Contracting Officer's Certification: Purchase is approved in accordance with FAR13.106-1(b). I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

VHAPM Part 813.106 Original Date: 08/30/17 Revision 02 Eff Date: 03/31/2020