Attachment A Justification Redacted.pdf

Effective Date: 02/01/2022 Page 1 of 3

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C246-23-AP-1595

1. Contracting Activity: The Department of Veterans Affairs, Network Contracting Office (NCO) 6 proposes to enter into a contract on the basis of other than full and open competition for the Salisbury VA Medical Center (VAMC). PR: 659-23-2-048-0076.

2. Nature and/or Description of the Action Being Processed: This procurement is for Olympus brand name equipment including medical control units, surgical imaging systems, medical recorders, and medical recorder monitors in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2. Network Contracting Office 6 intends to issue a competitive, open market, unrestricted brand name only solicitation and award a new firm-fixed-price contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This requirement is for

Olympus brand equipment including medical control units, surgical imaging system, medical recorder, and medical recorder monitor. The equipment is used during all endoscopic procedures in conjunction with scopes for diagnostic, therapeutic, and interventional care of veteran patients. This equipment is compatible with existing equipment, endoscopes, and cameras owned by the Salisbury VA Health Care System.

4. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

( x ) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): This is a brand name justification. The Salisbury VA Health Care System owns multiple Olympus brand name

Effective Date: 02/01/2022 Page 2 of 3 equipment/scopes across the health care system. The medical center wishes to maintain a standardization of equipment/scopes across the health care system as staff travels between all three facilities. Standardization of equipment and accessories decreases chances of error in use of equipment/accessories or cleaning process. Mixed/incompatible technology can lead to errors and affect patient safety. The health care system owns same brand name equipment across the system as well as multiple endoscopes and cameras that are compatible only with the Olympus brand name equipment. Any change to the brand name equipment would require the medical center to purchase additional equipment, endoscopes, and accessories at significant cost to the government that is not anticipated to be recovered through competition.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Due to the Contract Specialist’s familiarity with similar requirements, a Sources Sought Notice was not sent or posted. Olympus, the manufacturer, has identified themselves and Alliant Healthcare as an authorized distributor for the equipment.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and

Reasonable: The Contracting Officer will determine the prices fair and reasonable based on competition.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted:

Market research was conducted to identify available sources and to evaluate the availability of the marketplace to meet the requirement. In accordance with FAR Part 10 market research was conducted by the Contract Specialist. Although there are other brands of similar products, only Olympus brand name equipment is compatible with the equipment utilized by the Salisbury VA Health Care System.

Existing contract vehicles were reviewed. The NAC and SAC were searched to identify sources. No mandatory sources were identified. Olympus does have an FSS contract, 36F79721D0168, for the required equipment. Alliant Enterprises does have an FSS contract, but the reqiured equipment is not on contract.

The OEM, Olympus, was contacted to identify authorized distributors. Olympus identified themselves and Alliant Healthcare as an authorized distributor of the required equipment.

Based on the results of market research, the government has determined that there are a limited number of vendors that can provide the required brand name equipment. One large business and one SDVOSB has been identified that can provide the required equipment.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: None.

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required: NCO 6

Effective Date: 02/01/2022 Page 3 of 3

STEPHANIE D. Digitally signed by STEPHANIE

D. STEPHENS 170823

STEPHENS 170823 Date: 2023.03.06 07:52:13 -05'00'

Jamie R.

Sullivan 1458159

Digitally signed by Jamie R. Sullivan 1458159 Date: 2023.03.06 07:57:37 -05'00' will continue to conduct market research to ascertain if there are changes in the marketplace that would enable competition for future actions.

12. 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 and belief.

Stephanie Stephens OR Coordinator Surgical Services SVAHCS Salisbury VAMC

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer or Designee’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Jamie R. Sullivan Branch Chief, Supply 2/Prosthetics

NCO 6

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

KEESHIA R

NEWMAN

254911

Digitally signed by

KEESHIA R NEWMAN

254911 Date: 2023.03.06 08:17:43 -05'00'

Keeshia Newman Division Chief

NCO 6

https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx