V797D-30250-002.pdf

VHAPM Part 808.405-6 Limiting Sources Attachment 1: Justification for Limiting Sources for Micro-Purchase Threshold up to the SAT

VHAPM Part 808.405-6 Limiting Sources Page 1 of 3 Original Date: 08/30/2017 Revision 01 Eff Date: 04/23/2018

DEPARTMENT OF VETERANS AFFAIRS

FAR 8 – Justification for Limiting Sources (LSJ) For

Limiting Sources (<SAT)

Acquisition Plan Action ID: _36C256-18-AP-0277_

1. Contracting Activity: Department of Veterans Affairs, VISN 16, Michael E. DeBakey VA

Medical Center, 2002 Holcombe Blvd. Houston, TX 77030.

2237: 580-18-3-167-0350: $192,804.02

2. Description of Action: This acquisition is conducted under the authority of the Multiple-

Award Schedule Program (41 U.S.C. 251 and 40 U.S.C. 501). Sole Source Acquisition, New Requirement

Order against: FSS Contract Number: ___V797D-30250________________

Name of Proposed Contractor: Sciton Inc.

Street Address: 925 Commercial Street City, State, Zip: Palo Alto, CA 94303 Phone: 650-493-9155 FAX 914-992-9155

3. Description of Supplies or Services:

The estimated value of the proposed action is $192,804.02 The Sciton JOULE™ Multi-Laser Wavelength Modular Platform, laser system incorporates 4 distinct lasers that operate at various wavelengths, as well as an aiming beam laser that operates in the visible range. The technology integrated in the Sciton laser allows easy control of energy fluence, temperature, and laser pulse length. This laser system is intended to be used in the field of dermatology. We have an existing Sciton unit, which was purchased over ten years ago, which has had increasing difficulties and is nearing its useful life end. Biomedical Department strongly suggested that we consider replacement, since the last repair alone cost over $6000. This machine performs the following functions: removal of brown and red-colored benign neoplasms, hair removal as treatment for pseudo folliculitis barbae, improvement of acne and post-surgical scars. It would be a state-of-the art replacement for the 10-year-old laser nearing its useful end.

Accessories on Hand for the Sciton Laser value well over $35k, therefore it is not economical to change brands of equipment, for we would never recoup this amount thru competition.

https://www.gpo.gov/fdsys/pkg/USCODE-2009-title41/pdf/USCODE-2009-title41-chap4-subchapIV-sec251.pdf https://www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-chap5-subchapI-sec501.pdf

VHAPM Part 808.405-6 Limiting Sources Page 2 of 3

Revision 01 Eff Date: 04/23/2018

4. Authority:

ORDER AGAINST FSS: Authority of the Multiple Award Schedule Program, Title III of the Federal Property and Administrative Services Act of 1949 (41 USC 251, et seq.); Title 40 USC 501, Services for Executive Agencies; and Section 803 of the National Defense Authorization Act of 2002 (PL 107-107) and implemented by FAR 8.405-6. Mark the applicable exception:

An urgent and compelling need exists, and following the procedures would result in unacceptable delays (FAR 8.405-6(a)(1)(i)(A);

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;

(FAR 8.405-6(a)(1)(i)(B));

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

Items peculiar to one manufacturer. An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product, peculiar to one manufacturer). A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer (FAR 8.405-6(b)).

5. Rational/explanation to support cited authority:

This product is the primary choice by the Dermatology Section. We already utilize this machine and have almost all accessories/parts needed to operate the replacement machine. The parts on hand The Joule Laser is distinctive because it uses multiple wavelength lasers with three delivery modes enabling aesthetic physicians to offer the widest variety of procedures. The Sciton YAG Laser treats multiple issues such as Acne, Pigmentation issues, wrinkles, Scars, Body Contouring, Vascular Lesions, Hair removal Onychomycosis (nail fungus), Vaginal Therapy, warts, etc.… Other lasers were evaluated, but none offers this scope of service.

6. BRAND NAME ONLY: This buy is estimated to exceed $25,000 and this documentation will be posted along with the RFQ on e-Buy, as required by FAR 8.405-1(e).

7. Note that this determination satisfies the requirements of FAR 8.405-6. The requirement to prepare a written justification IAW FAR 6.303 does not apply to Federal Supply Schedules.

https://www.acquisition.gov/?q=/browse/far/8 https://www.acquisition.gov/?q=/browse/far/8 https://www.acquisition.gov/?q=/browse/far/8 https://www.acquisition.gov/?q=/browse/far/8 https://www.acquisition.gov/?q=/browse/far/8 https://www.acquisition.gov/?q=/browse/far/8 https://www.acquisition.gov/?q=/browse/far/6

VHAPM Part 808.405-6 Limiting Sources Page 3 of 3

Revision 01 Eff Date: 04/23/2018

Tina Harris Contracting Officer Date: _07/28/2018______________