JNA Stryker Saw and Drills Surgical Instruments_Redacted.pdf

Request for SDVOSB Set-Aside Justification Format >SAT

VHAPG Part 806.3 OFOC Page 1 of 4 Revision: 03 Effective Date: 04/15/24 Acquisition ID#: 36C246-25-AP-1292

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C246-25-AP-1292

1. Contracting Activity: Department of Veterans Affairs, Network/Program Contracting Office 06, located at 100 Emancipation Drive Hampton VA 23667, in support of VISN 06 VA Health Care System at 100 Emancipation Drive Hampton VA 23667. Purchase Request No: 590-25-1-985-0026.

2. Nature and/or Description of the Action Being Processed: Network Contracting Office 6 intends to award a new firm-fixed-price contract to procure the Strykers Saw and Drill Surgical Instruments and accessories to replace the facility�s current end of life surgical instruments. This request will allow Hampton VAMC surgical department to have an up-to-date system that allows surgereons to be perform in and outpatient surgeries at the Medical Center.

3. Description of Supplies/Services Required to Meet the Agency�s Needs: Hampton VA Medical Center has a requirement to procure the Stryker Saw and Drill Surgical Instruments System with accessories for the surgical unit. The saw and drill instruments are used by 8 surgeons across 3 specialties- Orthopedics, Podiatry and Vascular surgery. The instruments consist of 3 major sections and 2 batteries charging portsà Large Bone, Small Bone and Sternal Saw. These are the main tool used by these specialties to perform knee replacements, foot surgeries, fracture repairs, hand surgeries, and amputations among others.

Number Item Part Number Quantity Unit

0001 AO SMALL DRILL 4100-110-000 12 EA

0002 POWERTEAM HUDSON

MODIFIED TRINKLE

4405-235-000 4 EA

0003 SYSTEM 9 CORDLESS

DRIVER HANDPIECE

4605-000-000 4 EA

0004 SYSTEM 9 SMALL

BATTERY

9212-000-000 10 EA

0005 SMALL BONE SOLID

CONTAINER

6400-654-000 12 EA

0006 SYSTEM 9 STERILE

BATTERY CHARGER W

(B) NEMA POWERCORD

9110-120-000U

US

2 EA

0007 SYSTEM 9 LARGE

BATTERY

9215-000-000 14 EA

0008 HANDPIECE SOLID

CONTAINER BUNDLE

7102-650-000 5 EA

0009 1/4" LOCKING KEYLESS

CHUCK

8203-133-000 5 EA

0010 SYSTEM 9 DUAL

TRIGGER ROTARY

HANDPIECE

9205-000-000 5 EA

0011 SYSTEM 9

RECIPROCATING SAW

9206-000-000 5 EA

0012 SYSTEM 9 SAGITTAL

SAW

9208-000-000 5 EA

VHAPG Part 806.3 OFOC Page 2 of 4 Revision: 03 Effective Date: 04/15/24 Acquisition ID#: 36C246-25-AP-1292

0013 SYSTEM 9 PRECISION

SAW

9209-000-000 5 EA

0014 SYSTEM 9 STERNUM

SAW

9207-000-000 2 EA

0015 CONT W/SOLID BTM

KIT

7102-653-000 2 EA

The estimated value of the proposed action is

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 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

The Contracting Officer (CO) has determined that 3 authorized resellers/distributors are capable of providing the equipments/items needed to prevent unacceptable delays in fulfilling requirements.

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4

( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by 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):

The Saw and Drills Surgical Instruments are provided by Stryker Sales, LLC. Styker Sales has identified 3 SDVOSB authorized resellers/distributors. The items are not on a national contract with the VA system. No other product can meet VHA requirement.

a. Only One Responsible Source (FAR 6.302-1) � The contracting officer (CO) has determined that OEM and its authorized distributor are the only firms capable of providing the equipments/items described in Section III above without the Veteran�s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered needed to prevent unacceptable delays in fulfilling its requirements.

b. Unusual and Compelling Urgency (FAR 6.302-2, 6.303-2(a)(9)(ii)) � N/A

c. Industrial Mobilization; or Engineering, Developmental, or Research Capability (FAR 6.302-

3) � N/A

d. Authorized or Required by Statute (FAR 6.302-5) � N/A

e. National Security (FAR 6.302-6) � N/A

f. Public Interest (FAR 6.302-7) � N/A

VHAPG Part 806.3 OFOC Page 3 of 4 Revision: 03 Effective Date: 04/15/24 Acquisition ID#: 36C246-25-AP-1292

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Market research was conducted, details of which are in the market research section of this document. This effort did not yield any additional sources that can meet the Government�s requirements. There is several authorized reseller/distributors that can provide the items/products as part of an Open Market contract. There is competition anticipated for this acquisition.

The VA Rule of Two can be met for this requirement. The Contracting Officer does have a reasonable expectation of receiving 2 or more quotes from SDVOSB if we were to set this requirement aside as 100% SDVOSB. The Contracting Officer believes that the most advantageous acquisition strategy for the government is to solicit this acquisition as SDVOSB set-aside Open Market IAW VAAR 819.7006.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer will determine that prices will be fair and reasonable based on a comparison of the proposed prices with prices found reasonable on previous purchases. Prior to award price analysis of the proposed contract will be performed and documented to sufficiently determine that the cost to the Government of the proposed acquisition will be fair and reasonable. CO recommends the government�s most advantageous acquisition strategy is to solicit as Open Market SDVOSB set-aside.

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 by searching NAC, GSA, SAM, FPDS and VETCert. Email correspondence sent to the Original Equipment Manufacturer (OEM) Stryker Sales, Inc requesting a list of authorized distributors for Saw and Drills Surgical Instruments with accessories supplies. Stryker Sales rep provided the name of three SDVOSB authorized resellers/distributors: Academy Medical, Inc. (UEI: HGEGAA2B93W9), Beacon Point Associates (UEI: L97MMG5VW9N7), and TrillaMed, LLC (UEI: GW9FLBWB5625) The CO researched all required sources and deemed that the items are available Open Market as SDVOSB set-aside.

Stryker products may not be sold by other resellers without written authorization directly from Stryker. Any Stryker product(s) sold to the Government through a Stryker authorized reseller is verified to be new products (not grey market) and will come with the full OEM warranty.

The Buy American Act is not applicable IAW Reference FAR 25, No Buy American or Trade

Agreement clauses or provisions are required. The requested item will be supply by domestic end vendor.

The NMR was considered/assessed for this requirement, and it has been determined an SBA NMR Class Waiver dated June 2022 does exist for NAICS 339112.

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: (3) three SDVOSB authorized distributor resellers: Academy Medical, Inc. (UEI: HGEGAA2B93W9), Beacon Point Associates (UEI: L97MMG5VW9N7), and TrillaMed, LLC (UEI: GW9FLBWB5625)

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