36C26318Q0404-000.docx

FedBizOpps Presolicitation Notice

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* = Required Field FedBizOpps Presolicitation Notice Rev. March 2010 J Reconfigure ICU Booms

INTENT TO SOLE SOURCE NOTICE

57105 36C26318Q0404 03-06-2018 N 339112 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105 Douglas H. Reed Contracting Officer Iowa City VA Health Care System 601 Highway 6 West Iowa City, IA 52246-2209

USA

www.va.gov www.va.gov douglas.reed3@va.gov douglas.reed3@va.gov This is a Notice of Intent published in accordance with Federal Acquisition Regulation (FAR) 5.101(a)(1) requiring the dissemination of information regarding proposed contract actions. This Notice of Intent is for a proposed award of a sole source purchase order to the following contractor for Reconfigure of Intensive Care Unit (ICU) Boom service in support of Iowa City VA Health Care System, 601 Highway 6 West, Iowa City, IA 52246-2209:

The Rhino Group

DUNS: 806498226

7605 Park Drive Ralston, NE 68127

This is done under authority of FAR 13.106-1 (b)(1)(i): Exclusive Licensing Agreement.

This is not a request for competitive quotes.

Market research revealed that Skytron is the manufacturer of the ICU boom and has proprietary rights over its equipment, including who they choose to have as authorized dealer (The Rhino Group) for the region encompassing Iowa City, IA.

Service must be provided by a company that is authorized by Skytron to install and/or modify their products. Skytron booms are FDA regulated medical devices, and the reconfiguration work has to be coordinated with Skytron’s design team.

Because the work has to be completed by a company that is authorized by Skytron, no other company besides The Rhino Group Inc. can perform this work. Skytron delegates all services to their regional distributors. The regional distributors have non-compete agreements with each other, so therefore The Rhino Group Inc. is the only company that can perform this work for Skytron in Iowa City, IA.

Skytron delegates their services to Rhino Group via non-compete agreement for Iowa, Nebraska, North Dakota, and South Dakota; no other authorized Skytron distributor would able to quote or work on this service due to such non-compete agreements in effect.

The North American Industry Classification System (NAICS) code for this service is 339112 (Surgical and Medical Instrument Manufacturing) and the Product Service Code (PSC) is J065 (Maintenance and Repair of Medical, Dental, and Veterinary).

While this synopsis does not constitute a solicitation, interested vendors may identify their interest and capability to satisfy the requirement, including documentation from the proprietary rights holder Skytron that such contractor could provide this service as an authorized dealer.

All responsible sources may submit a capability statement by 10:00am Central Standard Time (CST), 3-6-2018, which shall be considered by the agency, by e-mailing such statement and supporting documentation to Doug Reed, Contracting Officer, at douglas.reed3@va.gov. No phone calls please. Please indicate “Response to ISS ICU Boom” in subject line of e-mail.

Such documentation will be reviewed solely for the purpose of determining whether or not to conduct the procurement on a competitive basis. A determination not to compete this requirement, based upon responses to this notice, is solely within the discretion of the Government under authorities cited above.