JA_OVER_SAT.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 08 Page 1 of 3 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID:___ 688-20-3-078-0061 _______________________________________

1. Contracting Activity: Department of Veterans Affairs, VISN 05, Washington DC VA Medical Center, 50 Irving St, NW, Washington, DC 20422 2237:

2. Nature and/or Description of the Action Being Processed: Award of an annual service contract for the maintenance and service of the Karl Storz hardware being utilized at the Washington DC VA Medical Center.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Washington DC VA Medical Center relies on Storz products for surgical operations and procedures. Renewing the service contract with Storz covers services, repairs, exchanges, parts, and maintenance on both hardware. The service contract ensures the Washington DC VA Medical Center is able to use the products to its full capabilities and to maintain and optimize the uptime of the products. As the OEM of this equipment, Storz provides the unique capability to service their equipment and provide proprietary software support. Estimated dollar value is $662,520.00.

4. Statutory Authority Permitting Other than Full and Open Competition:

( X ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4 ( ) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per FAR 6.302-7;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

Karl Storz is uniquely qualified to provide training, parts, and other resources to support this system and repair these instruments. Their repairs are certified by the manufacturer so that they can be reprocessed per manufacturer’s requirements. They have the training and resources to respond quickly to the Medical Center’s needs and no other party will have equivalent access to OEM parts and knowledge. No other party will be able to provide software updates.

Additionally, the current contract for these services expires on April 30, 2020. If this contract is not renewed, the Medical Center will have to pay for each scope repair, exchange, and related parts/labor costs. This will put a significant strain on resources within Biomedical Engineering and the OR, making it incredibly difficult to support this system and other systems in the OR. The

OFOC SOP Revision 08 Page 2 of 3

Revision 08 Date: 04/18/2018 instrumentation is frequently damaged and is costly to repair without a service contract. This will impact turnaround times for equipment and may ultimately impact ability to perform surgical cases.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Storz is uniquely able to repair the instrumentation and scopes as they are the OEM for the equipment using all OEM parts. Market research found that there are numerous 3rd party companies that can repair rigid and flexible scopes, but there are not companies that can provide the range of services and repairs that are encompassed within the scope of work.

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

Reasonable:

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

Market Research Was Not Conducted: As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Storz is uniquely able to repair the instrumentation and scopes as they are the OEM for the equipment using all OEM parts. Market research found that there are numerous 3rd party companies that can repair rigid and flexible scopes, but there are not companies that can provide the range of services and repairs that are encompassed within the scope of work.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

None at this point in time.

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:

There are no barriers to competition that may be removed at this time.

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.

Kathleen Grunder Date Chief Biomedical Engineer Washington DC VA

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.

http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx

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Revision 08 Date: 04/18/2018

Name Date Title Facility

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

NCO/PCO XX Duty Title

Facility

c. VHA SAO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval (if over $68 million) or approve ($700K to $68 million) for other than full and open competition.

VHA Head of Contracting Activity (HCA)

d. VHA Senior Procurement Executive Approval (over $68 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for other than full and open competition.

Jan R. Frye Date Deputy Assistant Secretary for Acquisition and Logistics Senior Procurement Executive (SPE) Department of Veterans Affairs