Attachment 1 Single Source Justification MPT to SAT_Redacted.pdf

VHAPG Part 813.106 Simplified Acquisition Procedures: Soliciting from a Single Source Attachment 1: Single Source Justification for SAP under the SAT

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-4723

1. Contracting Activity: Department of Veterans Affairs, VISN 04, 595 Lebanon VA Medical Center, 1700 South Lincoln Ave Lebanon, PA 17042. PR: 595-22-3-480-0148

2. Brief Description of Supplies/ Services required and the intended use/Estimated Amount: The Lebanon VA Medical Center (LVAMC) has a new Brand Name request for Part No. 7400-031-000 TPX Oscillating Saw. This equipment is utilized in the Operating Room (OR) during Orthopedic and Podiatric Surgery. The TPX System is intended for use with the Consolidated Operating Room Equipment (CORE) System. When used with a variety of cutting accessories and/or compatible attachments, it is intended for cutting, drilling, reaming, decorticating, shaping, and smoothing of bone, hard tissues, bone cement, and teeth in a variety of surgical procedures. This includes but is not limited to Orthopedic, Dental, ENT (Ear, Nose, Throat), Neuro, Spine, and Endoscopic applications. It is also usable in the placement or cutting of screws, metal, wires, pins, and other fixation devices.

Line No. Part No. Description Qty

0001 7400-031-000 TPX OSCILLATING SAW 2

0002 7400-015-000 TPX MICRO DRILL 2

0003 5100-015-250 MICRODRILL STRAIGHT ATTACHMENT 2

0004 7400-034-000 TPX SAGITTAL SAW 2

0005 7400-037-000 TPX RECIP SAW 2

0006 7400-099-000 TPX UNIVERSAL DRIVER 2

0007 4100-131-000 1/4" DRILL WITH KEY 2

0008 4100-132-000 5/32 IN inch Drill with Key 2 0009 4100-110-000 AO Small Drill 2

0010 7400-009-000 TPX HANDSWITCH 4

0011 7400-004-000 TPX CABLE 2

0012 7400-062-000 TPX WIRE DRIVER 2

0013 4100-125-000 Pin Collet (2.0-3.2mm) 2 0014 6400-654-000 Small Bone Solid Container 2

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: Brand Stryker equipment and accessories need to integrate with disposable components that are utilized with the saws, and drills, as well as the batteries. The OR

Last Updated: 02/01/22 Page 2 of 3 suite is currently outfitted with Brand Stryker equipment and will integrate seamlessly with the requested requirement.

4. Description of market research conducted and results or statement why it was not conducted: A search of the marketplace was conducted between 08-30-2022 to 09-06-2022 to determine the acquisition approach for this requirement.

Stryker Corporation (Original Equipment Manufacturer) (Large Business) is the manufacturer of the TPX System needed by the Lebanon VA Medical Center. The Contract Specialist (CS) later verified with the OEM for authorized distributors. OEM responded by verifying five (5) vendors: Beacon Point Associates, LLC (SDVOSB), TrillaMed LLC (SDVOSB), Four Points Technology, Veteran’s Healthcare Supply Solutions (SDVOSB), and Academy Medical (SDVOSB).

Notice of Intent to Sole Source (36C24422Q1116) was posted from 08-31-2022 to 09-02-2022. This effort produced one (1) response: Beacon Point Associates, LLC (SDVOSB).

Changed acquisition approach and a Sources Sought Notice (36C24422Q0767) was posted from 09- 01-2022 to 09-06-2022. This effort produced one (1) response: TrillaMed LLC (SDVOSB).

A keyword search of North American Industry Classification System (NAICS) “339112” and “Stryker TPX System” in Vendor Information Pages, VetBiz Portal, and SBA Dynamic Small Business Search found zero (0) vendors.

A keyword search of “Stryker TPX” in GSA eLibrary, Interagency Contract Directory Portal, and VA Supply Chain Master Catalog found zero (0) vendors.

A search of “Stryker TPX” in the Defense Logistics Agency Medical Electronic Catalog found Line Items 0001, 0002, 0004, 0005, 0006, 0010, 0011, 0012 on Beacon Point Associates LLC Contract No.

SPE2DE22DA001.

A keyword search of Contract No. “V797D-40196” in GSA Advantage and VA National Acquisition Center Contract Catalog Search Tool (CCST) found Line Items 0003, 0007, 0008, 00013 on Stryker Corporation DBA Stryker Instruments (Large Business) Federal Supply Schedule Contract.

A keyword search of “Stryker TPX” in Federal Procurement Data System-Next Generation found two vendors: TrillaMed LLC (SDVOSB) and Stryker Corporation (Large Business).

This Brand Name Justification in accordance with 11.105(a)(1) Items Peculiar to One Manufacturer.

This justification shall be posted to Contracting Opportunities with the solicitation in accordance with 11.105 (3).

This Brand Name requirement will be solicited in accordance with FAR13.5 Simplified Procedures for Certain Commercial Items: The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented by for restricting competition on this procurement via FAR 13.106-1(b)(2).

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

A keyword search of NAICS “339112” in class waivers for the SBA Office of Government Contracting Non-Manufacturer Rule database found zero (0) waivers. While SDVOSB Vendors are authorized distributors, the NAICS code disallows an SDVOSB set aside due to Nonmanufacturer Rule.

Based on the above and the Non-Manufacturer Rule, the CS anticipates issuing a Small Business Set- Aside 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.