36C26021Q0988_1.docx

SUBJECT*

101-21-3-5209-0375-0 IR114.18b- HTM V20- Planmeca- 21-IJP-321- 21REQ0314 (VA-21-00079709)

GENERAL INFORMATION

CONTRACTING OFFICE ADDRESS

Department of Veterans Affairs Network Contracting Office 20 5115 NE 82nd Ave, Suite 102 Vancouver WA 98662

POINT OF CONTACT*

Contract Specialist Christine Lindsey christine.lindsey@va.gov 813-863-0481

PLACE OF PERFORMANCE

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

THIS AMENDMENT TO 36C26021Q0988 IS TO INCLUDE THE

Amendment to a Previous Combined Solicitation

Amendment to a Previous Combined Solicitation

ATTACHED BRAND NAME JUSTIFICATION

Page 1 of

Amendment to a Previous Combined Solicitation

DEPARTMENT OF VETERANS AFFAIRS

BRAND NAME JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C260-21-AP-4353

1. Contracting Activity: Department of Veterans Affairs, RPO West, NCO 20 on behalf of the following medical centers: Anchorage, Boise, Portland, Roseburg, Spokane, Walla Walla and White City VA Medical Centers. 2237: 101-21-3-5209-0375.

2. Nature and/or Description of the Action Being Processed: VISN 20s transition from VistA to Cerner EMR includes meeting Defense Health Agency network security requirements, which requires upgrading server operating systems. The new server operating system requires new Planmeca Romexis software. The panoramic x-ray hardware, which also utilizes the same dental software, must be upgraded to continue to be fully compatible and function as required by the dental clinics.

This is a brand name requirement for Planmeca 2D/3D(CBCT) dental, digital panoramic imaging 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 will be a new, firm-fixed price contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

VHAPM

Part

813.5

Simplified

Acquisition

Procedures for

Certain

Commercial

Items Request for

Sole

Source

Justification

>SAT-$7.5M

under

FAR13.5

PM

Part

813.5

SAP

for

Certain

Commercial

Items Original Date: 08/30/17

Revision

Date:

02/11/2021 Page of

There are no options associated with this award. Delivery will be requested as 30 days ARO.

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

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

This Brand Name requirement is authorized by FAR 13.106-1(b)(2).

VISN 20 BioMeds and dental staff were interviewed to determine their requirements. The equipment must be compatible with existing MiPACS and Romexis v6 software, must provide for movement correction, which is essential for VA patients with PTSD who often move when hearing the audible sounds of the x-ray equipment during image capture. The equipment must provide a means to reduce digital image noise and remove streaks and shadows caused by metal restorations and root fillings. To avoid additional costs, the equipment must have the same basic physical requirements as existing equipment relative to weight, kV output, footprint and power requirement.

Specifications for seventeen systems from ten different manufacturers were evaluated for X-ray type, system capabilities, physical characteristics, resolution, computer system, software, image processing features and other specifications. The majority of the systems met the physical requirements; however, Planmeca was the only manufacturer that provided the noise reduction and patient movement correction software. Planmeca has proprietary software in all new 3D machines to address sound filter (AINO), artifact removal algorithm (ARA) and corrective algorithm for latent movement (CALM). Two manufacturers offered an algorithm to address “some” of these issues.

Based on the above, use of this brand name is essential to the Government’s requirements. Accordingly, Planmeca is the only manufacturer capable of providing the equipment described in Section 2 above without the Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements.

Planmeca currently interfaces with Cerner; therefore an alternate system would require re-testing of the full dental workflow with Cerner, which would include duplication of efforts and potential delays in the Cerner project. The Contracting Officer has determined that the Planmeca system is the only system that can meet all of the Government’s needs.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: On 8/20/21, a survey for interested contractors was sent to 11 small businesses located thru GSA 65II C, category C-37B. One SDVOSB responded with Planmeca equipment and one WOSB responded with an alternate, which didn’t provide for all of the requirements.

On 8/26/2021, a Sources Sought was posted for Brand Name or equal. One Woman-Owned Small Business provided details for Planmeca equipment and one SDVOSB offered an alternate system. The alternate system was found to not provide the requirements.

After determining the Planmeca was the only manufacturer that could provide all of the Government’s requirements, searches were performed to locate contractors that could provide Planmeca equipment. Planmeca was contacted for a list of their authorized distributors. They provided two SDVOSB, one of whom responded to the Survey, and two large businesses.

SBA and VIP was searched using NAICS and Planmeca Dental X-ray with no results. SBA search resulted in 0; VIP search resulted in 47 contractors. Eight contracts were located thru Interagency Contract Directory; however, all were for dental implants.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: A comparison of different manufacturer’s equipment reflects Planmeca equipment to be the lowest priced:

Planmeca Cefla J Morita Carestream Courtesy pricing from Planmeca and it’s distributors are all within an acceptable range:

Planmeca-large bus

United Gov Services-WOSB

AB Martinn – SDVOSB

The anticipated cost will be considered fair and reasonable and provide the basis for this determination. Since the brand name, Planmeca, has been determined to be in the best interest of the Government, quotes will be sought from SDVOSB and price will be the only evaluation factor.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Through market research two SDVOSB were located and have been verified as SDVOSB through VIP. The SDVOSBs were provided by the OEM as authorized distributors of Planmeca equipment. Therefore, the VA Rule of Two is able to be met.

The Planmeca ProMax 2D/3D and ProX equipment is manufactured by Planmeca OY in Helsinki, Finland. Finland is a designated country under the World Trade Organization Government Procurement Agreement (WTO GPA). Planmeca U.S.A. is the exclusive North American distributor of that equipment. The products being purchased are designated country end products under WTO GPA, with no transformation occurring in the U.S.

The SBA Non-Manufacturer Rule (NMR) applies to this. The manufacturer is a large business. There is an existing SBA NMR Class waiver and request for HCA approval to use the waiver will be issued.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

These products are Commercial Off-the-Shelf items; therefor, a specification, SOW, etc. was not required. In order to determine manufacturers that could meet the Government’s requirements, a sources sought was issued with a list of salient characteristics. Results of the Sources Sought can be found under 5. above.

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

Large Original Equipment Manufacturer: Planmeca U.S.A. SDVOSB provided by OEM, Planmeca: AB Martin Services, Inc.

Fidelis Sustainability Distributio, LLC

WOSB responded to SS Unimed Government Services

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: At this time, there are no known requirements for future acquisitions of these supplies/services. The Government will continue to conduct market research to determine if sources capable of meeting the agency’s requirement become available in the market.

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.

Michael

F.

Digitally signed by

Michael F.

McDonald

290364 McDonald

290364

Date:

2021.09.16

10:22:24 -07'00' Michael McDonald Supervisor – Biomedical Engineer VISN 20 Healthcare Technology Management (HTM)

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. This will be a brand name SDVOSB set-aside.

Robert

W.

Digitally signed by

Robert W.

Hamilton

902204 Hamilton

902204

Date:

2021.09.16 11:27:00

-07'00' Robert Hamilton Contracting Officer Network Contracting Office 20 (NCO 20) JOFOC Tracker #: 2021-09-08T12:10:10

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.

Stephen

D.

Digitally signed by

Stephen

D.

Allen

1565216 A ll e n

156521

D a t e

S. Dale Allen Director of Contracting Network Contracting Office 20 (NCO 20)

c. VHA RPO West HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve ($750K to $7.5 million (or $15.0 million for acquisitions described in FAR 13.500(c)) for other than full and open competition.

CURTIS M.

JORDAN

597130 Digitally signed by

CURTIS

M.

JORDAN

597130 Date:

2021.09.17

15:48:44

-06'00' Curtis M. Jordan Executive Director, Regional Procurement Office West Head of Contracting Activity (HCA) image1.png image2.png