Attachment 05 SSJ Lumenis Digital Duet Signed (1)_Redacted.pdf

VHAPM Part 813.106 Page 2 of 3 Original Date: 08/30/17 Revision 02 Eff Date: 03/31/2020

The estimated value of the proposed action is

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

The Pittsburgh VA Healthcare System, University Drive Campus has one Lumenis Selecta Duet that has failed and despite numerous attempts to repair this equipment, the equipment continues to fail.

This is one-of-one in the Ophthalmology Clinic, and without it will cause Veterans to not receive needed care. If physicians would need to use the current equipment, it would put patients at risk, given the inaccuracies of the equipment.

This ophthalmology equipment request is an emergency requirement to avoid disruptions in Veteran care and Veterans having to be cancelled because of not having the needed equipment to care for such Eye care needs, as our current equipment has failed. This is an Unusual and Compelling Urgency. Customer Joshua Olexa, Inventory Manager, VAPHS, reports: We [VAPHS] will have to cancel patients needing this laser care or put Veterans at risk of injury if physicians are expected to use the current equipment, which they are not .

This equipment is a leader in this market space/industry standard and is the equipment that our physicians are the most comfortable/familiar with to provide the best care for Veterans at VA Pittsburgh. It would require physicians to obtain additional training if going with an alternative to this; thus, prolonging this procurement process and delaying Veteran Eye care needs.

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

The Lumenis Digital Duet (Small Business) Original Equipment Manufacturer (OEM) is Lumenis, Inc.

Lumenis has two (2) authorized distributors to sell to the Government, (Service Disabled Veteran Owned Small Business (SDVOSB)) and SAM registration expired Nov 4, 2021. NAICS Code for the Lumenis Digital Duet is 339112, Surgical and Medical Instrument Manufacturing. Non-Manufacturing Waiver, Size Standard 1000 Employees. NCO4 reviewed NAICS 339112 and determined that no waiver exists for the Lumenis Digital Duet or this type of product. No other SDVOSB authorized distributors exist. This requirement does not meet the requirement as a Sole Source SDVOSB Set-Aside. NCO4 posted a Sources Sought notice to the beta.SAM.gov website. Only one vendor responded, Melling Medical, LLC (SDVOSB). NCO4 contacted Lumenis on 12/29/2021 to verify verbally that Melling Medical, LLC (SDVOSB) is the only Authorized Distributor for the Lumenis Digital Duet. A Lumenis sales representative verified (SDVOSB) and one other (Small Business) as authorized distributors for Government sales.

NCO4 conducted the following market research conducted using Vendor Information Page (VIP), Strategic Acquisition Center (SAC), National Acquisition Center (NAC) Contract Catalog Search Tool (CCST), Federal Procurement Data System Next Generation (FPDS-NG), and System for Award Management (SAM) databases.

A search on Vendor Information Pages (VIP) was conducted and verified as an SDVOSB. CS also conducted a VIP search using Key Words: Lumenis Digital Duet and NAICS Code 339112. This provided 2 SDVOSBs, CS verified

VHAPM Part 813.106 Page 3 of 3 Original Date: 08/30/17 Revision 02 Eff Date: 03/31/2020 with Lumenis, Inc and are not authorized distributors for Lumenis.

NCO4 searched SAC and NAC CCST using Key Words Lumenis Digital Duet yielded zero (0) hits.

NCO4 searched FPDS-NG yielded 1 recent result:

36C24821P0962 4/16/2021 Purchase was for Lumenis Digital Duet.

NCO4 searched GSA using Key Words Lumenis Digital Duet yielded 0 results.

NCO4 searched SAM using Key Words Lumenis Digital Duet yielded 0 results.

The NMR precludes setting this acquisition aside for SDVOSB/VOSB firms. NCO4 will pursue this acquisition as a Brand Name Only Small Business Set Aside Combined Synopsis Solicitation on the open market.

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.

Contract Specialist, NCO-4 Branch Chief, NCO-4