JOFOC_Redacted.pdf

VHAPM Part 813.106 Simplified Acquisition Procedures: Soliciting from a Single Source Single Source Justification for SAP under the SAT

VHAPM Part 813.106 Page 1 of 2 Original Date: 08/30/17 Revision 02 Eff Date: 03/31/2020

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: 36C261-21-AP-4507

1. Contracting Activity: Department of Veterans Affairs, VISN 21, Medical Center Network Contracting Office 21 (NCO 21) Requiring Activity: VA Central California Healthcare System, 2615 E. Clinton Ave, Fresno, CA

PR: 570-22-1-555-0008

2. Brief Description of Supplies/ Services required and the intended use/Estimated Amount:

The Neptune fluid waste management devices are important instruments used during surgical operations. These devices collect fluid waste (i.e., blood and body fluids) during surgeries, a standard practice in operating room procedures, in a safe and efficient manner. As such, it is critical that these devices are properly maintained and serviced to ensure each medical device is operating at full capacity. Not only does this provide a safe working environment for the hospital staff, it optimizes patient care to our Veterans.

The proposed purchase order is for a base year and four options periods. The period of performance and estimated cost are as follows:

Base 12/01/21 – 11/30/22 Option Period 1 12/01/22 – 11/30/23 Option Period 2 12/01/23 – 11/30/24 Option Period 3 12/01/24 – 11/30/25 Option Period 4 12/01/25 – 11/30/26

Total estimated contract cost:

3. Unique characteristics that limit availability to only one source, with the reason no other supplies or services can be used:

As detailed in the market research below, only one source is capable of providing the required services: Stryker Corp. As the original equipment manufacturer, the company retains all the proprietary software, manufacturer parts, and factory-trained technicians to repair and service the Neptune waste management devices according to manufacturer specifications. If another company were to attempt to service the equipment, they would jeopardize the integrity and functionality of the equipment.

4. Description of market research conducted and results or statement why it was not conducted:

Market research was conducted in August 2021 with the following results:

Searches through the VIP database under the applicable NAICS, PSC, and keyword “Neptune” revealed zero firms. Broadening the search to remove the PSC resulted in zero firms.

VHAPM Part 813.106 Simplified Acquisition Procedures: Soliciting from a Single Source Single Source Justification for SAP under the SAT

VHAPM Part 813.106 Page 2 of 2 Original Date: 08/30/17 Revision 02 Eff Date: 03/31/2020

Searches through mandatory sources, AbilityOne and UNICOR, revealed that both sources cannot meet the need of this requirement. Searches through the NAC CCST and SCMC revealed Neptune waste management device parts have been previously purchased through existing contracts, one of which is listed in GSA; however, the contract specialist did not locate a contract that provided maintenance services.

A search through GSA revealed FSS V797D-40196 with Stryker Corp. Though the schedule predominantly lists products, the published GSA price list states that the company provides service agreements through the contract; however, a price for the service was not listed. Customers must contact the company directly for a price quote. To verify if the existing GSA contract could be utilized for this procurement, the contract specialist sent an email on 20 August 2021 to the point of contact listed on the GSA contract. On 23 August 2021, Stryker responded with confirmation that the GSA contract could be utilized for services on the Neptune waste management devices. In addition, a sole source letter was provided stating that Stryker Instruments is the sole labeled manufacturer, servicer, service training provider, and parts provider for the Neptune waste management systems; however, on 11 October 20201, a contract manager from Stryker confirmed that the FSS contract could not be used for services.

Searches through Contracting Opportunities and FPDS-NG revealed many government contracts awarded within the past twelve months for the same services. The contract specialist notes that all contracts awarded for Neptune maintenance services were awarded on a sole-source justification to Stryker.

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.

Mark Mikus Contracting Officer

MARK J.

MIKUS

Digitally signed by MARK J.

MIKUS

Date: 2021.10.12 12:25:09 -07'00'