36C25023A0040_1.docx

VHAPG Part 808.405-6 Limiting Sources Attachment 2: Request for Limited Sources Justification Format >SAT

GENERAL INFORMATION

BASE NOTICE TYPE

Ann Arbor Healthcare System Network Contracting Office 10 2215 Fuller Road Ann Arbor MI 48105

POINT OF CONTACT*

Contracting Officer Kellie Konopinski Kellie.Konopinski@va.gov 734-222-4330

AWARD INFORMATION

MODIFICATION NUMBER

LINE ITEM NUMBER

AWARDEE NAME*

CONTRACTOR’S UEI

OLYMPUS AMERICA INC

FLWQVLFLMEL3

AWARDEE ADDRESS LINE 1*

AWARDEE ADDRESS LINE 2*

AWARDEE ADDRESS LINE 4*

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

Justification and Approval Notice Justification and Approval Notice

DESCRIPTION

Justification and Approval Notice

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID: 36C250-23-AP-2179

(1) Contracting Activity: Department of Veterans Affairs, Network Contracting Office 10, located at 24 Frank Lloyd Wright Drive, Suite M2200, Ann Arbor MI, 48105, in support of VISN 10 VA Health Care System at Aleda E. Lutz Department of Veterans Affairs Medical Center, 1500 Weiss Street, Saginaw, MI 48602. 2237: 655-23-3-1272-0119.

(2) Description of Action: This acquisition is conducted under the authority of the Multiple-Award Schedule Program (41 U.S.C. 152(3) and 40 U.S.C. 501). This is a new requirement for a lease of Olympus scopes. The action will be awarded as a new, firm-fixed price, base plus four (4) option year FSS BPA.

Order against: |X| FSS Contract Number: 36F79721D0168 - Expires 12/31/2031 (inclusive of options)

(3) Description of Supplies or Services:

POP: 5/1/2023 – 4/30/2028

This procurement will be a base year and four (4) 1-year options. Contractor shall provide full leasing, preventative maintenance, and repair services for all scopes, and scope related equipment/accessories to the Saginaw VA Medical Center. The required equipment is listed below:

(4) Identify the Authority and Supporting Rationale (see below and if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

|_| FAR 8.405-6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays:

|X| FAR 8.405-6(a)(1)(B): Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized:

Olympus Inc. is the only firm capable of providing the supplies and services described in Section 3. The Surgical lab currently uses Olympus endoscopes and the ancillary equipment. The Olympus system is interconnected and interfaced with the VA system. Olympus scopes run off proprietary software. This software is compatible and interconnected with other surgical equipment the surgery service already owns. Olympus is the Original Equipment Manufacturer (OEM) and the only authorized vendor that can provide a lease for these scopes. Olympus America, Inc., does not authorize any small business entities to lease their scopes and peripheral video processor equipment.

|_| FAR 8.405-6(a)(1)(C): In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures.

|_| FAR 8.405-6(b): Items peculiar to one manufacturer:

|_| A patent, copyright or proprietary data limits competition. The proprietary data is:

|_| These are “direct replacements” parts/components for existing equipment.

|_| The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing.

(5) Describe Why You Believe the Order Represents the Best Value consistent with FAR 8.404(d) to aid the contracting officer in making this best value determination:

This lease is not just needed for the standardization of Olympus equipment, but it must attach to and communicate with other existing equipment/software throughout the facility that is not a part of this lease.

The prices for the leased instruments have been determined fair and reasonable under the FSS contract. However, in accordance with FAR 8.405-4, the Contracting Officer will seek a price reduction.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted.

VIP was queried under NAICS 339112 and 402 concerns were found (354 SDVOSB’s and 48 VOSB’s). A keyword “Olympus” was added and 1 SDVOSB concern was found. A search was also completed in VetCert under NAICS 339112 and 554 concerns were found. SBA was searched under NAICS 339112 and keyword “Olympus” and 5 results were found. GSA was searched and found that the scope leases are included on Olympus’ NAC contract 36F79721D0168. Olympus was contacted and they confirmed they have no distributors for leases. The VA Rule of Two cannot be attained.

(7) Any Other Facts Supporting the Justification:

There are no additional facts supporting this justification.

(8) A Statement of the Actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made:

Should a requisition of this nature recur, the Government will conduct thorough market research to determine marketplace capabilities.

(9) 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. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4. (This signature is the requestor’s supervisor, fund control point official, chief of service or someone with responsibility and accountability.)

Kelly Myers Chief of SPS Saginaw VA Medical Center

(10) Approvals in accordance with the :

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

Kellie Konopinski Contracting Officer Network Contracting Office 10

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Diana J. Pittman Branch Chief, Supplies Team 3 Network Contracting Office 10

Thomas P. Moore Division Chief, Supply/Prosthetics Network Contracting Office 10

Marie L. Smith Director of Contracting Network Contracting Office 10

HIGHER LEVEL APPROVAL (Required for orders over $750,000):

c. VHA RPO HCA Review and Approval (over $750,000 to $75 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for restricting consideration of the Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4.

Terry L. Spitzmiller Executive Director Regional Procurement Office Central (VHA) Effective Date: 02/01/2022 Page 7 of 7