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-2607

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- 0156.

2. Nature and/or Description of the Action Being Processed: This procurement is for nine GI Genius Colonoscopy systems, part number CB1708-EU, 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 nine brand name only GI Genius systems. The equipment is used during all endoscopic procedures in conjunction with scopes for diagnostic, therapeutic, and interventional care of veteran patients.

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 scopes throughout the facility. The medical center wishes to maintain a standardization of equipment/scopes across the health care system as staff travels

Effective Date: 02/01/2022 Page 2 of 3 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 the same brand name equipment across the system as well as multiple endoscoopes and cameras that are compatible only with this 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. Bryan Pitman the regional manager with Covidien Sales identified themselves and Veteran’s Healthcare Supply Solutions as authorized distributors 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 revealed that Covidien Sales (LB) is the manufacturer of the equipment being procured. Additional market research revealed that verified SDVOSB, Veterans Healthcare Supply Solutions, Inc., is an authorized distributor of Covidien products.

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 will continue to conduct market research to ascertain if there are changes in the marketplace that would enable competition for future actions.

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

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.

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.

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.

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