Brand Name Justification_Redacted.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification Template >SAT-$7.5M under FAR13.5

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-2446

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office (NCO) 6 proposes to enter into a contract on the basis of full and open competition for the Salisbury VA Medical Center (VAMC).

2237: 659-23-2-048-0109, 659-23-2-048-0111, 659-23-2-048-0143.

2. Nature and/or Description of the Action Being Processed: This procurement is for twenty (20) Olympus brand Evis Exera CV-190 Video Processors and three (3) Olympus Evis Exera CLV- 190 Light Sources 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 twenty (20) Olympus brand Evis Exera CV-190 Video Processors and three (3) Olympus Evis Exera CLV-190 Light Sources. 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. The total estimated cost of this procurement

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

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification Template >SAT-$7.5M under FAR13.5

Effective Date: 02/01/2022 Page 2 of 3

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 and cameras that are only compatible with the Olympus equipment across the Salisbury VA Health Care System. No other brand is compatible with existing imaging equipment onsite. Because the department utilizes Olympus scopes and imaging sytems exclusively, it is vitally important that standardization, compatibility, and interchangeability remain intact. Changing brands would require a substantial investment in new procedure/service infrastructure (scopes, imaging equipment, software) and unnecessarily disrupt patient care and continuity. This would results in additional costs to the government that are 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 the Olympus brand name equipment is compatible with the equipment utilized by the Salisbury VA Health Care System. Searches of VetCert, FPDS, eCMS, GSA, NAC and the SAC were conducted.

Based on the 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: The Government will continue to conduct thorough market research to monitor marketplace capabilities for similar requirements in the future.

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