36C25019Q0961-001.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 08 Page 1 of 3 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C250‐19‐AP‐3381

1. Contracting Activity: Department of Veterans Affairs, VISN 10, John D. Dingell Medical Center

PR 553‐19‐3‐063‐0126

2. Nature and/or Description of the Action Being Processed: This procurement is for a new Firm‐

Fixed price purchase order to obtain new equipment.

FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement is for ORBEYE microscope in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303‐2.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This is a requirement for a new 3‐D 4K Video microscope to include the following EXACT items:

Part Number Description Quantity

OME‐KIT‐255 ORBEYE MICROSCOPE 1 EA

MAJ‐2309 4K Cable 10M 2 EA

MAJ‐2312 AC Power Code 1 EA

The microscope will be used to replace ocular lenses for procedures and “heads‐up” surgery cases.

The estimated cost is $411,000.00.

4. Statutory Authority Permitting Other than Full and Open Competition:

BRAND NAME ONLY

FAR13.5 Simplified Procedures for Certain Commercial Items: The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented by for restricting competition on this procurement via FAR 13.106‐1(b)(2).

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): BRAND NAME ONLY. The ORBEYE microscope is a video microscope that magnifies images up to 26 times onto two 55‐inch monitors in real‐time in the OR. The precise 3‐D digital images from the ORBEYE microscope can provide more accurate surgery by providing large, clear views of tissue, nerves, blood vessels, and the surgeon’s instrument movements. By displaying the surgical field on these 4K monitors, the

VHABACDeweyB Highlight

OFOC SOP Revision 08 Page 2 of 3

Revision 08 Date: 04/18/2018 progress of surgical procedures and the training value is enhanced. Better visibility for surgeons and the entire team can mean even better outcomes for patients. ORBEYE enables the entire OR staff to view the surgery on the monitors and lets surgeons stand upright and use 3‐D glasses instead of microscope eyepieces called loupes. Surgeons have historically used loupes, which allow only the surgeon to view the surgical field and can contribute to fatigue in surgeons, since they often have to bend over for long periods of time during operations. With this new technology the entire surgical team is able to view what’s presently happening, which means they’re able to better anticipate what will happen next. The ORBEYE Is the first of it’s kind and no comparable options are available.

A sources sought synopsis 36C25019Q0688 was posted on FBO and confirmed the ORBEYE is exclusively sold by the OEM (Olympus) and it’s only SDVOSB distributor (Alliant).

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: As also noted above, a Sources Sought Synopsis 36C25019Q0688 was posted on 5/1/2019 and closed on 5/7/2019. The Sources Sought was posted to determine if comparable products could meet the requirement and the business size of vendors capable of providing the requirement. Only one response was received, it was from Alliant, an SDVOSB, and they provided the exact Olympus product.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and

Reasonable: Price is deemed fair and reasonable based on comparison of prices in the current marketplace. Alliant is providing these products at the exact same price as Olympus with no mark‐

up. The following PO’s were reviewed:

549‐A80455 $411,483.00 549‐A80464 $412,823.00

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted: Market research was conducted via VIP, FPDS, FBO Sources Sought Synopsis 36C25019Q0688, and speaking with OEM directly. Alliant was the only vendor to respond to the sources sought synopsis and is the sole SDVOSB distributor for Olympus products.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

Alliant Healthcare (SDVOSB) 333 Bridge St. NW Ste. 1125 Grand Rapids, MI 49504 Main Office: 888.307.1144 | Fax: 269.629.5770

Olympus America (OEM) 3500 Corporate Parkway Center Valley, PA 18034‐8229 Phone: 800‐848‐9024

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to

Competition before Making subsequent acquisitions for the supplies or services required: No future actions are planned. If a need arises the market will be re‐surveyed to determine if the requirement may be competed.

OFOC SOP Revision 08 Page 3 of 3

Revision 08 Date: 04/18/2018

12. Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and 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.

Gregory A. Sobczyk Date Administrative Officer‐ VHA Quality and Performance John D. Dingell VA Medical Center

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer or Designee’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Charles P. Lakin Date Contract Officer Network Contracting Office 10

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Jason E. Lawson Date Branch Chief

Network Contracting Office 10