JA_Karl Storz 4K Upgrade.pdf

36C256-25-AP-2217 / 580-25-2-167-0276

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

Effective Date: 11/15/24 Page 1 of 4

DEPARTMENT OF VETERANS AFFAIRS

BRAND NAME ONLY JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C256-25-AP-2217

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

Purchase Request #: 580-25-2-167-0276.

2. Nature and/or Description of the Action Being Processed: This procurement is 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. This requirement will be solicited as a Brand Name Only requirement for an upgrade to the existing Karl Storz video integration platform system. This will be a new firm-fixed price contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The estimated total amount of this contract is Estimated Delivery is 90 days after receipt of award.

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 (Band Name Only)

( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security

Attachment 1: Request for Brand Name Only Justification >SAT-$7.5M under FAR13.5

Effective Date: 11/15/24 Page 2 of 4

( ) Public Interest

Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The 4K Video Integration Upgrade for the OR is utilized to enhance the surgical capabilities of the providers by allowing high-definition video of live surgical procedures to be streamed across multiple platforms. The streaming video is utilized to increase patient safety and reduce the risk of mortality rates during surgery. Additionally, the system is used for resident and surgeon training purposes by providing a means to learn new technical procedures to enhance the training and surgical capabilities.

The technology of the video integration system is out of date and requires an upgrade to 4K technology to ensure the continued operability of the OR suites. The upgrade is only applicable to a segment of the VA owned equipment and does not represent a complete system overhaul. It is more advantageous for the Government to upgrade the video components than to re-invest in an alternative video integration system. To replace this equipment at this time, would result in a duplication of cost that would not be recouped through competition. The only equipment that will meet the needs of the medical center without incurring additional cost is to solicit the existing name brand Karl Storz video integration system upgrade, due to compatibility with existing equipment and duplicate cost.

Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: 36C25625Q0789 was published to SAM.gov on 4/10/2025 with one response recieved. This requirement will be solicitated on Sam.gov utilizing a combined synoposis/solicitation, in accordance with FAR 12.6.

Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable:

The Contracting Office anticipates that the pricing will be fair and reasonable based upon a comparison of competitive offers that meet the name brand requirements

Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: As the requirement must be compatible with equipment currently installed at the medical center, the procurement is limited to the Karl Storz brand. A Sole Source Notice of Intent was published on Sam.gov. At the close of the notice, one (1) business responded as an interested party. The responder, for Karl Storz and can provide the requested equipment. The company has a SDVOSB small business size standard that has been verified in SBA Veteran Small Business Certification database.

Correspondence has been received confirming CS took into consideration the specific requirements of the Veterans First Contracting Program which the VA requires to apply the Rule of Two (2) to all contracting determinations per Supreme Court Kingdomware Decision. CS completed a search of SBA DSBS database under appointed NAICS

Attachment 1: Request for Brand Name Only Justification >SAT-$7.5M under FAR13.5

Effective Date: 11/15/24 Page 3 of 4

“339112” with “155” SD/VOSBs concerns however authorized distributor of Karl Storz video equipment.

CS considered the items that are prioritized for use by the VAAR. Below contains a list of websites researched in regard to the FAR & VAAR Priorities for Use of Mandatory Government Supply/Services Sources (FAR 8.002, VAAR 808.001, and FAR 8.004). In addition, the below also took in consideration the specific requirements of the VA’s Veterans First Contracting Program and Small Business Administration's (SBA) which requires to apply the Rule of Two to all contracting determinations. CS completing a search of:

1. Government-Wide Databases: AbilityOne Search Products (abilityone.gov), General Services Administration (GSA) Federal Supply Schedule (FSS) eLibrary Welcome to GSA eLibrary, GSA Advantage GSA Advantage, eBuy Open EBuyOpen (gsa.gov), System for Award Management (SAM) SAM.gov | Home, Federal Procurement Data System (FPDS) Federal Procurement Data System - Next Generation (fpds.gov), Interagency Contract Directory Interagency Contract Directory Portal, and SBA Dynamic Small Business Search (DSBS) SBA - Dynamic Small Business Search

2. Government Catalogs: VA NAC VA National Acquisition Center Contract Catalog Search Tool, Medical Electronic Catalog (ECAT) Medical Supply Chain Homepage (dla.mil) and VA Supply Chain Master Catalog VA Supply Chain Master Catalog (sharepoint.com)

A review of the Non-Manufacturer Rule decision tree dictates that since the manufacturer is a large business with a SDVOSB distributor and the value is the over the SAT, the requirement is to be issued as unrestricted.

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:

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: To foster competition for future acquisitions of the supplies/services being acquired, the Government will continue to survey market conditions for any changes. Changes may include but not limited to equipment has come to end of life cycle, which will allow for full and open competition of brand name or equal.

Attachment 1: Request for Brand Name Only Justification >SAT-$7.5M under FAR13.5

Effective Date: 11/15/24 Page 4 of 4

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.

Thomas Hewett Business Manager

Michael E. DeBakey 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.

Robert (Dustan) Arabie Contract Specialist

NCO 16, DIV III CAT HOU

Steven Berkeley Contracting Officer

NCO 16, DIV III CAT HOU

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.

Ashley Haslauer Branch Chief/Divison Chief

NCO 16, DIV III CAT HOU

THOMAS

HEWETT

Digitally signed by

THOMAS HEWETT

Date: 2025.07.21 10:56:32 -05'00'

ROBERT

ARABIE

Digitally signed by

ROBERT ARABIE

Date: 2025.07.21 11:04:23 -05'00'

STEVEN

BERKELEY

Digitally signed by

STEVEN BERKELEY

Date: 2025.07.22 14:07:49 -05'00'

SHASTA

BRITT

Digitally signed by SHASTA

BRITT

Date: 2025.07.28 12:11:27 -05'00' Adobe Acrobat version:

2025.001.20432