36C26119Q0987-004.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >$250K

OFOC SOP Revision 06 Page 1 of 3 Original Date: 03/22/11 Revision 06 Date: 08/30/2017

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Brand Name Only

Acquisition Plan Action ID: 36C26119AP3984

1. Contracting Activity: Department of Veterans Affairs, VISN 21, Las Vegas Medical Center

2. Nature and/or Description of the Action Being Processed: Replace End of Life Stryker Medical

Equipment used within all the operating rooms at the medical center. This will be replacing approximately $2.4 Million Stryker operating room equipment. The replacement equipment must be functional with the remaining $3.5 Million of Stryker equipment that has not reached end of Life.

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

The total estimated cost for the equipment, renovation & installation is $2,363,830.04.

4. 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;

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

Only One Responsible Source (FAR 6.302-1): The medical center needs to purchase Stryker operating room (OR) Lifecyle equipment to replace other Stryker equipment that is at the end of its life. All equipment must interact with each other in order for all to be functional. There are no manufacturers that provide the specific integration piece to Stryker equipment other than Stryker. If this purchase is not brand name through Stryker, the medical center will be required to replace over $5 Million worth of surgical medical equipment. Furthermore, until the equipment can be procured, installed, and operational, all surgical related functions at the medical center would cease and veterans would need to be sent out to the community for care.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: This requirement is specific to Stryker brand name product. The sources sought are distributors of Stryker brand name equipment.

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

OFOC SOP Revision 06 Page 2 of 3

Revision 06 Date: 08/30/2017

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated cost will be fair and reasonable. There is adequate competition between 3 SDVOSBs.

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

Market Research Was Not Conducted: Styker was contacted to determine if they had any authorized distributors. To purchase brands outside of the Stryker OR Equipment product line will require the VA to purchase an additional $3.5 Million worth of Stryker OR Surgical Equipment to still function with the replacement of the equipment mentioned in section 3 of this J&A. VASNHS was able to locate two SDVOSB, Beacon Point Associates and Trillamed, as an authorized distributor of the needed Stryker OR Medical Equipment.

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

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

a) Beacon Point Associates (SDVOSB)

b) Trillamed (SDVOSB)

c) Stryker (LB)

d) Four Points Technology (SDVOSB)

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: This requirement is for specific brand name product, Stryker. Future acquisition barriers may be overcome by finding multiple compatible FDA Approved OR equipment vendors. However, this would rely on manufacturers to produce and work together to initiate a cohesive group that would allow interoperability between equipment manufacturers.

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.

Brennon P. Cucullu, Supervisory Biomedical Engineer

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.

Don Neal Chief Supply Branch 1 Network Contracting Office (NCO) 21 http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx

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Revision 06 Date: 08/30/2017

b. One Level Above the Contracting Officer (Required over$250K but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Brooke Robison Director of Contracting, Network Contracting Office (NCO) 21

c. VHA SAO 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 recommend approval (if over $68 million) or approve ($700K to $68 million) for other than full and open competition.

Curtis M. Jordan Executive Director, Regional Procurement Office (RPO) West VHA Head of Contracting Activity (HCA)