36C25819Q0125-002.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: 36C258-18-AP-0187 Stryker Corporation Instruments System 8

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office NCO 22 – Gilbert.

The Southern Arizona VA Health Care System (SAVAHCS) has a requirement for System 8 and other surgical instruments (2237: 678-19-1-071-0014).

2. Nature and/or Description of the Action Being Processed: The awarded contract should be a firm-fixed priced contract, open market, and 100% set-aside to Service Disabled Veteran Owned Small Business (SDVOSBs). The contract will require delivery 3-4 days after receipt of order (ARO). Two SDVOSBs are authorized distributors of the sole manufacturer Stryker Corporation Instruments.

Market research found two SDVOSBs vendors that can provide the items open market. The SDVOSBs vendor names are This is a brand name only procurement.

FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement is for Brand Name Stryker Corporation Instruments, 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.

Description of Supplies/Services Required to Meet the Agency’s Needs: The estimated value of the proposed action is System 8 along with other surgical instruments are required for direct patient care requiring support for specific complex surgical procedures and general surgery.

This brand name item is required to ensure continuity of care; Stryker Corporation Instruments is the brand throughout the facility, which ensures staff are proficiently trained on this life saving equipment. It also ensures patient care is not delayed due to training on new equipment that would demand time and require additional funding.

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

(X) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4 ( ) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per FAR 6.302-7;

OFOC SOP Revision 08 Page 2 of 3

Revision 08 Date: 04/18/2018

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 restricting competition on this procurement via FAR 13.106-1(b)(2).

4. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Stryker Corporation Instruments is the original equipment manufacturer of the System 8 sugical instruments and are the existing surgical instruments utilized at the SAVAHCS. The Stryker System 8 has a unique capability in the system batteries which have the capability of extended performance of the hand piece, while tracking the performance of the hand piece through the batteries. No other manufacturer provides this unique and helpful capability. This request is to purchase the System 8 surgical instruments which will be a sole source purchase in order to maintain standardization of equipment throughout the facility. No other vendor has the capability of providing this brand name item, which is solely manufactured by Stryker Corporation Instruments. Additionally, the General Surgery staff are currently trained to support the Stryker System 8 surgical instruments. The medical facility’s personnel are trained and certified with the current system and are requesting this manufacturer’s brand, consistent with their current standard. A new vendor would increase annual operational cost to conduct extensive initial training and ongoing competency of products as well as maintaining stock of duplicate inventory of service parts for different vendors. The procurement of any other product will add an unnecessary cost to the government.

5. Description of efforts made to ensure that offers are solicited from as many potential sources as deemed practicable: It is the determination that proving full and open competition for these Stryker System 8 Surgical Tools are in the best interest of the Government, since two SDVOSBs can meet the requirement. As stated previously, the facility is already using Stryker surgical iInstruments with established training and maintenance procedures. If another brand is selected it would require the removal of the existing equipment, accessories and data. The removal of the existing system, paired with the initation of a different brand would result in significant additional cost to the Government. This will also impact Veteran care, which is a negative impact to the Government.

Continuing care Stryker Corporation Instruments will meet the requirement and limit the risk of impacting patient care and increasing cost.

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

Reasonable: This acquisition will be set-aside 100% to SDVOSBs who are authorized distributors of Stryker Corporation Instruments. The Contracting Officer has a reasonable expectation that two SDVOSBs will submit offers and that the award can be made at a fair and reasonable price that offers the best value to the Government. Two SDVOSB companies are authroiuzed distributors of Stryker Corporation Instruments.

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

Market Research Was Not Conducted: Pursuant to FAR Part 10, market research was conducted for this requirement. IAW VHAPM Part 810.001, and PPM 2016-05, Implementation of the Veterans First Contracting Program, the CO quiried the Vendor Information Pages (VIP) database under NAICS code 339112 to determine if two or more service-disabled veteran-owned businesses (SDVOSBs) or veteran-owned small businesses (VOSBs), are listed as verified in the VIP database; results garnered 247 vendors. IAW, VAAR 810.002 a record of the VIP query is the eCMS briefcase. Market research

OFOC SOP Revision 08 Page 3 of 3

Revision 08 Date: 04/18/2018 determined that two SDVOSBs are authorized distributors for Stryker Corporation Instruments. The acquisition will be set-aside SDVOSB, open market.

8. Any Other Facts Supporting the Use of Other than Full and Open Competition: The brand name

Stryker Corporation Instruments is the the only brand described above that can meet the SAVAHCS requirement, and without additional cost or prolonged Veteran care.

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

Name of Offeror Email Address

10. 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: N/A

11. 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.

12. 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.

Ashley Velasquez Date Contracting Officer NCO 22 - Gilbert

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.

Edelma Galarza-Valentin Date Branch Chief, Specialized Branch

NCO 22 - Gilbert

Ashley B Velasquez 261939

Digitally signed by Ashley B Velasquez 261939 Date: 2019.02.07 15:07:27 -07'00'

Edelma A Galarza-Valentin 204754

Digitally signed by Edelma A Galarza- Valentin 204754 Date: 2019.02.08 12:32:20 -07'00'