Attach 05 Justification Brand Name Only_Redacted.pdf

Last Updated: 02/01/22 Page 1 of 3

DEPARTMENT OF VETERANS AFFAIRS

Justification for Single Source Awards IAW FAR 13.106-1 For

Over Micro-Purchase Threshold but Not Exceeding the SAT ($250K)

Acquisition Plan Action ID: 36C244-22-AP-3913

1. Contracting Activity:

Department of Veterans Affairs Network Contracting Office 4 1010 Delafield Road Pittsburgh, PA 15215-1802

Purchase Request (VA2237): 503-22-2-225-0131 | Delivery of Supplies and Stryker System 8 Drills | Philadelphia VA Medical Center, 2907 Pleasant Valley Boulevard, Avenue, Altoona, PA 16602-4377 | Contracting Agency: Network Contracting Office 4

2. Brief Description of Supplies/ Services required and the intended use/Estimated Amount:

The Altoona VA Medical Center (AVAMC) seeks to augment surgical capability in order to conduct more and different types of surgeries by increasing number of System 8 Drills and accompanying drill accessories from two to four. This procurement will further standardize surgical equipment for the Center and glean efficiencies for surgical operations. Capabilities of this equipment are as follows.

Sagittal Saws with the capabilities of being submerged during cleaning, powered by Stryker Core 2 Console, lightweight – under 0.40 pounds, adjusting the response, cycle rate of 10 sec. on / 10 sec.

off, and 25,000 cycles per minute (cpm) speed.

Reciprocating Saws with the capabilities of being submerged during cleaning, powered by Stryker Core 2 Console, lighweight – under 0.55 pounds, adjusting the response, cycle rate of 20 sec. on / 20 sec. off, and 14,000 cpm speed.

Oscillating Saws with the capabilities of being submerged during cleaning, powered by Stryker Core 2 Console, lighweight – under 0.50 pounds, adjusting the response, cycle rate of 10 sec. on / 10 sec.

off, 20,000 cpm speed, and less than 0.90 inches in diameter.

Universal Driver with the capabilities of being submerged during cleaning, capable of being powered by Stryker Core 2 Console, lighweight – under 1.30 pounds, capable of adjusting the response, 1500 rpm speed, and cycle rate of 20 sec. on / 20 sec. off.Batteries are longer lasting with increased heat resistance. They can live on a shelf for 30 days without compromising performance.

The total estimated value of this acquisition is .

Pricing by Contract Line Item Number follows.

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3. Unique characteristics that limit availability to only one source, with the reason no other supplies or services can be used:

NCO4 recommends proceeding with a Brand Name Only procurement. The proprietary and system specific designs of the Stryker drills and equipment require equipment from the original equipment manufacturer, Stryker Company and/or authorized distributors of the same.

4. Description of market research conducted and results or statement why it was not conducted:

Vendor Information Page (VIP) Database. NCO4 consulted the VIP database using NAICS Code 339112 and search terms “System 8” and “Stryker”. The search yielded no results (05-10-2022).

Using data from known Service Disabled Veteran Owned Small Business Veterans based on previous VISN4 procurements, NCO confirmed that the two Vendors

Each maintain contracts with the Federal Government, Department of Veterans Affairs (36C10G21D0009) and Defense Logistics Agency (SPE2DE22DA001) respectively.

Original Equipment Manufactuer (OEM) Contact was made to the OEM to determine if any resellers existed. They responded saying multiple vendors were authorized

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VA Strategic Acquisition Center (SAC) Contract Database. NCO4 consulted Existing Surgical Equipment (Stryker specific) contracts for any of the items required for this procurement (as provided 04-07-2022). NCO searched Contract 36C21D0009 (Mandatory Contract). The search yielded no results.

VA National Acquisition Center (NAC) Contract Catalog Search Tool (CCST). NCO4 reviewed the procurement items against VA NAC Contract V797D-40196 and discovered two of the twenty items were covered by the NAC Contract. The preponderance of items (eighteen, for an estimated total of ) are not NAC items and considered open market.

Defense Logistics Agency (DLA) Electronic Cataloging (ECAT). NCO4 searched the DLA ECAT system for items specified for this procurement. Twelve items were determined. Pricing was obtained and will be used for price reasonableness analysis.

VHA Procurement Guide and Small Business Administration (SBA) Nonmanufacturer Rule Class Waiver Database. NCO4 consulted the SBA’s Nonmanufacturer Rule Class Waiver Database and found only one waiver was for CPAP Manufacturing (not applicable for this acquisition) for this NAICS (339112). When current information is reviewed via the VHA Procurement Guide’s NMR Decision Tree, solution is to proceed with a Small Business Set Aside.

NCO4 recommends proceeding with a Brand Name Only Small Business Set Aside on the Open Market based on the SBA’s Nonmanufacturer Rule. While two of the Original Equipment Manufacturer Vendors meet the SDVOSB certification and size standards, there is no class waiver for this NAICS Code.

5. Contracting Officer's Certification: Purchase is approved in accordance with FAR13.106-1(b). I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Mark E. Murray Gregory Wizar Contract Specialist Contracting Officer

Gregory M.

Wizar 1398639

Digitally signed by Gregory M. Wizar 1398639 Date: 2022.05.11 15:42:05 -04'00'

MARK E.

MURRAY

1083666

Digitally signed by

MARK E. MURRAY

1083666 Date: 2022.05.12 08:44:11 -04'00'