Attachment 3 Brand Name Justification (Redacted).pdf

Use of a Single Source Below the Simplified Acquisition Threshold (SAT)

FOR OFFICIAL USE ONLY

4 Jan 2021 FOR OFFICIAL USE ONLY Page 2 of 3

Procurement of a pulmonary function testing system other than the Vyaire Medical Vyntus Body Diffusion system, would cause mission degradation of the 59th MDW pulmonary clinic, which would be detrimental to the 59th MDW mission readiness.

Market research has concluded that Vyntus Body Diffusion system is the only known brand name that will satisfy the Government's minimum need; however authorized resellers are present in the commercial marketplace.

Section D: Efforts to Obtain Competition

Market research was performed by searching government sites FPDS, GSA, DLA, and ECAT, results showed some vendors carrying some parts, while others did not carry the Vyntus Body Diffusion system at all.

The customer contacted the manufacturer directly and received a quote for market research purposes, it included Vyntus Body Diffusion System and all equipment. Vyaire provided a letter stating their subsidiary is the sole manufacturer and distributor of Vyntus family products with the exception of two small veteran owned businesses.

and are dedicated distributors to the Federal Government for this equipment and are both Service-Disabled Veteran-Owned Small Businesses. (SDVOSB).

The contract specialist validated these were the only sources by checking GSA-elibary and FPDS and only the above mentioned vendors were awarded contracts.

An RFI was posted on 03 August 2021 with closing date of 13 August 2021. The salient characteristics and language for brand name or equal requirement were included in the description. Three vendors responded see below.

Summary of contractor responses:

Vyaire Medical response. On 5 August 2021 Vyaire Medical responded and indicated that the product is ordered through

Inc. business unit, Cage Code 43GS6 and DUNS Number 12897095. They confirmed they are the sole source manufacturer of the Vyntus Pulmonary Function Testing (PFT) at Joint Base San Antonio, TX. Their products are sold through their direct sales team and installed by Vyaire's factory trained field service technicians. As the manufacturer, they can meet all requirements for the solicitation.

responded to the RFI on 9 August 2021 and confirmed they are fully capable of providing the brand name Vyaire Medical Vyntus Body and Pulmonary Function Testing System. They are a Service-Disabled Veteran-Owned Small Business and a dedicated distributor to the Federal Government. They provide discounted federal government pricing and OEM-base warranty and service.

responded to the RFI on 13 August 2021 and Mr. Jake Sebbens, Government Account Manager confirmed Janz corp is an Authorized SDVOSB Government Distributor of products, they can provide the Vyntus Body Diffusion System for the JBSA Lackland in San Antonio, TX.

is a CVE, VetBiz, SAM registered; Service Disabled Veteran Owned Small Business (SDVOSB) full-service provider of pre-hospital and hospital medical equipment, supplies, and biomedical equipment inspection/repair with over two decades of experience being medical equipment and service procurement experts for the US Federal Government with experience responding to the needs of Government Contracting Officers - domestically and abroad. They understand the potential complexities during the procurement of medical equipment and services for government healthcare entities.

Use of a Single Source Below the Simplified Acquisition Threshold (SAT)

FOR OFFICIAL USE ONLY

4 Jan 2021 FOR OFFICIAL USE ONLY Page 3 of 3

Section E: Steps to Preclude Future Single Source or Brand Name Awards

The recommended brand has been used by the military network since 2005 to include SAMMC, WHASC, and other bases with pulmonary function laboratories. This is the industry standard for the MFTs and will remain constant until the Government changes their requirement for pulmonary testing. Furthermore, based on market research, Vyaire is currently the only known brand capable of meeting the Government's need. To ensure that the above is met, 59th MDS will continue to evaluate the product(s) capabilities of other vendors and manufacturers through continuing market research. Continued efforts in this regard will ensure that the Government is receiving the best value at a fair and reasonable price by ensuring the Government utilizes the most efficient and economical means possible.

Section F: Contracting Officer's Determination

I have determined, in accordance with FAR 13.106-1(b)(1), that the circumstances of this contract action deem only a single source is reasonably available.

Date

18-Oct-2021

Typed Name and Rank/Grade of Contracting Officer

David A. Delgado Jr. / GS -13

Signature of Contracting Officer

DELGADO.DAVID.ALVAREZ.

JR.1130168236

Digitally signed by

DELGADO.DAVID.ALVAREZ.JR.1130168236

Date: 2021.10.18 16:04:31 -05'00'