36C25224P1134_1.docx

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification >SAT-$7.5M under FAR13.5

GENERAL INFORMATION

BASE NOTICE TYPE

SET-ASIDE

GLAC (69D)

115 South 84th Street, Suite 101

Milwaukee WI 53214-1476

POINT OF CONTACT*

Jim Hedman james.hedman2@va.gov

AWARD INFORMATION

LINE ITEM NUMBER

AWARDEE ADDRESS LINE 1*

AWARDEE ADDRESS LINE 2*

AWARDEE ADDRESS LINE 4*

ADDITIONAL INFORMATION

AGENCY’S URL

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AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

Award Notice Award Notice

DESCRIPTION

*= Required Field Award Notice Award Notice

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C252-24-AP-1904

1. Contracting Activity: Department of Veterans Affairs, VISN 12, Edward Hines, Jr. VA Medical Center, Great Lakes Acquisition Center (NCO 12), 578-24-2-969-0226.

2. Nature and/or description of the action being processed: This procurement is for an Olympus America, Inc.-brand surgical microscope (ORBEYE) 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. This action will be awarded as a new contract.

3. Description of supplies/services required to meet the Agency’s needs: The Edward Hines, Jr. VA Hospital has a requirement for a microscope that enables the surgeon to observe the surgical field from various angles which facilitates multiple surgical positions, approaches and techniques without the compromise of surgeon posture or discomfort when compared with conventional microscopes.

The estimated amount is [REDACTED] for a one-time purchase and delivery.

4. Statutory authority permitting restricted competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

(X) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

(S) Unusual and Compelling Urgency

(S) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services

(S) International Agreement

(S) Authorized or Required by Statute

(S) National Security

(S) Public Interest

5. Demonstration that the contractor’s unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority): The Edward Hines, Jr. VA Hospital surgery specialties doctor for neuro/spine is familiar with the Olympus ORBEYE and other microscopes on the market such as Zeiss and Leica because they have used them. The ORBEYE’s unique partnership with Sony allows for visualization that is unmatched by any other microscope/exoscope. The ORBEYE has two 4K Sony chips within the camera head that provide a larger color gamut and clear picture. The camera visualization is paired with proprietary Sony 4K 3D monitors. The ORBEYE’s long arm allows for versatility across specialties that is unmatched with other exoscopic systems on the market. This is extremely important for use in neuro/spine, as the ORBEYE has two neuro imaging filters ICG & 5-ALA blue light that is currently not on the facility’s existing microscopes. The Olympus ORBEYE is the only known video based surgical microscope on the market with 26X magnification.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as deemed practicable: An Intent to Sole Source (36C25224Q0805) was posted to the Governmentwide Point of Entry, sam.gov. One response was received but only requesting the site for which this procurement was intended. The CO requested any additional or follow-up questions/concerns be rendered by the Intent closing date – none were received.

7. Determination by the CO that the anticipated cost to the Government will be fair and reasonable: The majority of items included in the order/solicitation are available on DLA ECAT contract with the Olympus America, Inc.-authorized distributor, Alliant Enterpises, LLC and will be found to be fair and reasonable IAW FAR 13.106-1(a)(2)(vii). Remaining open market items will be determined to be fair and reasonable IAW previous purchases (13.106-3(a)(2)(ii)).

8. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted: A VetCert search for NAICS 339112 showed 669 VOSBs or SDVOSBs; however, this is a Brand Name Only procurement available from one Olympus America, Inc.-authorized SDVOSB distributor, Alliant Enterprises, LLC. A justification is provided to complete a single source procurement to Alliant Enterprises for the requested equipment.

Unicor and AbilityOne searches with keywords, “surgical microscope” revealed zero results.

A GSA search with the same keywords showed several results but none which indicated a microscope with 4K 3D signal output.

As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition (36C25224Q0805), advising industry of the pending acquisition and soliciting inquiries from interested parties. No significant responses were received.

This market research does not reasonably evidence whether the VA Rule of Two can or cannot be met.

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: [REDACTED]

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:The Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future actions to be competed.

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.

[REDACTED]

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.

[REDACTED]

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

[REDACTED]

Effective Date: 02/01/2022 Page 6 of 6

REVISION: 00

Acquisition ID#: 36C252-24-AP-1904