36F79719D0113-011.pdf

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

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID:___36C261-20-AP-1399___

1. Contracting Activity: Department of Veterans Affairs, VISN 21, VA Southern Nevada Medical Center 2237: 593-20-1-136-0074

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). Approval is requested for a new, sole source delivery order with Fidelis Sustainability Distribution, LLC., a Service-Disabled Veteran-Owned Small Business (SDVOSB).

Order against: FSS Contract Number: ___36F79719D0113___

Name of Proposed Contractor: Fidelis Sustainability Distribution, LLC.

Street Address: 204 West Spears Street., Ste 3319

City, State, Zip: Carson City, NV 89703

Phone: 858-204-5745

3. Description of Supplies or Services:

The estimated value of the proposed action is

Request for an all-electronic non mechanical transducer bladder scanners with vein system on a station.

This is includes: 7-Year Warranty, 1 (one) EchoNous Bladder all electronic non-mechanical transducer, 1 (one) EchoNous Vein linear array transducer, software application, 9.7 inch HD Low Power AMOLED Display Tablet, Electronic Hub, Expandable Mobile Hosting Platform, 70 inch probe cable, set up guide, user manual, USB drive, power supply, onsite education as required.

(4) IDENTIFY THE AUTHORITY AND SUPPORTING RATIONALE (see 8.405-6(a)(1)(i)(A), (B), and (C) or 8.405-6(b)), AND IF APPLICABLE, A DEMONSTRATION OF THE PROPOSED

CONTRACTOR’S UNIQUE QUALIFICATIONS TO PROVIDE THE REQUIRED SUPPLY OR

SERVICE.

An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays.

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; The vendor is the manufacturer and sole distributor for the fidelis echonous bladder scanner; a device that enables the user to scan the bladder and locate veins in one product on one platform during one examination.

VHAPM Part 808.405-6 Limiting Sources Page 2 of 3

Revision 01 Eff Date: 04/23/2018

The ability to perform a bladder ultrasound and identify veins/arteries in one device provides the user with various advantage. Advantages are, aid in diagnosis and management of kidney disease, guidance in percutaneous procedures, guidance of invasive procedures, insertion of hemodialysis catheters, kidney biopsy, and recognition of abnormalities to name a few.

In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures.

Items peculiar to one manufacturer:

A patent, copyright or proprietary data limits competition. The proprietary data is:

(If FAR 8.405-6(a)(2)iii before posting. Do not include specific proprietary data. Only mention the type of equipment, procedure, etc. to show that proprietary supplies or services are being procured.)

These are “direct replacements” parts/components for existing equipment.

The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing. Describe the equipment/function you have now and how the new item/service must coordinate, connect, or interface with the existing system.

(5) DESCRIBE WHY YOU BELIEVE THE ORDER REPRESENTS THE BEST VALUE

CONSISTENT WITH FAR 8.404(d) TO AID THE CONTRACTING OFFICER IN MAKING

THIS BEST VALUE DETERMINATION:

Pursuant to the Veterans Benefits Act of 2003 (15 U.S.C. 657f), this acquisition will be a sole source award to a service-disabled veteran-owned small business (SDVOSB) through statutory authority 41 USC §3304(a)(5) and 38 U.S. Code § 8127(c) as implemented by FAR 6.302-5 Authorized or Required by Statute. Contracting officers may use the non-competitive (sole source) procedures authorized in VAAR

819.7007 Sole Source Awards to A Verified Service-Disabled Veteran-Owned Small Business for acquisitions up to $5,000,000. A determination that only one SDVOSB can meet the requirement(s) is not required.

(6) DESCRIBE THE MARKET RESEARCH CONDUCTED AMONG SCHEDULE HOLDERS

AND THE RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT

CONDUCTED:

A notice of intent, 36C26120Q0241 was issued on Opportunities on January 16, 2020, yielding one (1) responses from an interested vendor; Medline, a large business. The “equal to” model proposed is not equivalent as it does not provide vascular capabilities. This is a key function of the Fidelis EchoNous bladder scanner that the facility is requesting; therefore, the proposed model is not equivalent.

(7) ANY OTHER FACTS SUPPORTING THE JUSTIFICATION: None

(8) A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE

OR OVERCOME ANY BARRIERS THAT LED TO THE RESTRICTED CONSIDERATION

BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES IS MADE:

The contract action will be synopsized on Opportunities within 14 days of award. All acquisitions for this equipment and/or services will continue to be advertised by placing a Notice of Intent to Sole Source with synopsis of requirement on Opportunities. Until another manufacturer develops the technology to fulfill

VHAPM Part 808.405-6 Limiting Sources Page 3 of 3

Revision 01 Eff Date: 04/23/2018 the requirements, sole source contracts for this equipment, software, maintenance and support services with Fidelis Sustainability Distribution, LLC. will be required. Market research can be conducted for subsequent procurements to determine if there are any changes in comparable technology by potential vendors.

(9) 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. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4.

DATE

NAME TITLE SERVICE LINE/SECTION

FACILITY

(10) APPROVALS IN ACCORDANCE WITH THE VHAPM Part 806.3 OFOC SOP:

a. CONTRACTING OFFICER’S CERTIFICATION (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

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

DATE

Brett Vegeto Chief, Division II

NCO 21

Louie Robert Flores Biomedical Engineer Biomedical Engineering

VAMC Southern Nevada Healthcare System

3.6.2020