Brand Name Justification v1_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 2

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:

1. Contracting Activity: Department of Veterans Affairs, NCO 16, located at 5075 Westheimer Rd., Ste. 750, Houston, TX 77056. Program Office: The Department of Veterans Affairs (VA), Michael E. DeBakey Medical Center (MEDVAMC), located at 2002 Holcombe Boulevard, Houston, TX, 77030. Purchase Request Number:

2. Brief Description of Supplies/ Services required and the intended use/Estimated Amount: MEDVAMC is requesting to procure four (4) additional X8-2t Transducers for the Philips Epiq 7c TEE machine at the facility. The estimated amount is:

3. Unique characteristics that limit availability to only one source, with the reason no other supplies or services can be used: Market research revealed only one responsible source is available and no other supplies or services will satisfy agency requirement. Philips Healthcare, a large business, is the sole manufacturer of the requested transducers, however, they have authorized SDVOSBs resellers of their products.

In addition, RFI/Sources Sought did not uncover any sources that could provide an equivalent system.

Lastly, Per GAO decision B-290414, B-411904, and B-416195 where, as here, a requirement relates to human safety concerns, the agency has the discretion to set its minimum needs to achieve not just reasonable results, but the highest possible reliability and effectiveness. Therefore, a brand name only approach is substantiated.

4. Description of market research conducted and results or statement why it was not conducted: VetCert was searched using the applicable NAICS code 334510. The search showed 299 certified SDVOSB/VOSBs.

First, a Sources Sought was posted to sam.gov on June 08, 2023, with responses requested by June 15, 2023, and the posting remains available through June 30, 2023, prior to archiving. The intent of the RFI was to 1) Determine the availability of sources who could provide the exact brand name for the required X8-2t Transducers and 2) Determine the availability of sources who could provide item determined to be equivalent X8-2t Transducers. The posting was essentially an intent to establish sources and it was stated in the RFI that responses would be used to determine the future formal procurement strategy.

Three (3) responses were received from two (2) SDVOSBs (Alliant Healthcare Products and Capital i, LLC) and One (1) response was received by one (1) SB (Blue OX Medical Technologies, LLC). No responses were received from vendor(s) that could provide an equivalent product. Second, the CO searched FPDS-NG for past purchases under the keyword “X8-2t Transducers”, however, no applicable contracts were uncovered.

Third, the CO searched GSA eLibrary under the keyword “X8-2t Transducers”, however, no

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 2 of 2 applicable contracts were uncovered.

Based on the outcome of the conducted Market Research, the CO concludes that there are VetCert-verified and capable SD/VOSBs that are likely to provide a fair and reasonable quote, whereby providing best value to the Government. Therefore, per the NMR Decision Tree, the CO intends to solicit this requirement as a Brand Name Only SDVOSB set-aside utilizing FAR Part 13.5 procedures.

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