JUSTIFICATION 659-22-1-048-0043 Redacted.pdf

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format >SAT

VHAPM Part 819.7007/7008 Page 1 of 4 Original Date: 08/30/2017 Revision 03 Eff Date: 04/03/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C246-22-AP-0728

Contracting Activity: Department of Veterans Affairs, Network Contracting Office (NCO 6), Salisbury VAMC, 1601 Brenner Ave, Salisbury, NC 28144 2237# 659-22-1-048-0043

Nature and/or Description of the Action Being Approved: Network Contracting Office 6 intends to award a new firm-fixed-price contract to procure Olympus Scopes to replace the end of life/aging scopes that are currently on hand. The purchase of the scopes will allow the Salisbury VA Medical Centers Medical and Surgical Departments to provide diagnostic, therapeutic, and interventional care of Veteran patients. These scopes are compatible with the current equipment that is on hand.

Description of Supplies/Services Required to Meet the Agency’s Needs: The Salisbury VA Health Care System requires brand name only Olympus scopes of multiple models to be used in the Medical and Surgical Departments at a total estimated cost of $4,954,098.66. Delivery estimation date for February , 2022 to the Salisbury VAMC, Kernersville HCC and Charlotte VA HCC for multiple Olympus Brand Name scopes.

CYF-VH CYF-VH 35

HD Flex CystoNephro Videoscope

URF-P7 12

URETEROSCOPE, FLEX, FIBER STD

WA2T400A 2

Telescope "OES Elite",4 mm, 0 deg, HD,a

WA2T412A 9

Telescope "OES Elite",4 mm, 12 deg, HD

WA2T430A 11

Telescope "OES Elite",4 mm, 30 deg,HD,g

WA2T470A 6

Telescope "OES Elite",4 mm, 70 deg, HD, WA2UR11A 2

Ureteroscope SingleCH,AngledOC, 430mm

WA2UR21A 5

Ureteroscope DualCH,AngledOC, 430mm

ENF-V4: ENF-V4 7

FLEX, SLIM RHINOLARY, PISTOL GRIP

ENF-VH : ENF-VH 27

Flexible video HD Rhinolaryngoscope

LTF-S190-5 : LTF- 4

S190-5 ENDOEYE FLEX 5 HD VIDEOSCOPE

MAF-TM2 : MAF- 1

TM2-U (EN)

WA50040A : 3

WA50040A ENDOEYE HD RIG 10MM 0 DEG FF

WA50042A : 4

WA50042A ENDOEYE HD RIG 10MM 30 DEG FF

WA50050A : 6

WA50050A ENDOEYEHD RIG 5MM 0 DEG

WA50052A : 6

WA50052A ENDOEYE HD RIG 5MM 30 DEG

BF-1TH190 : BF- 6

1TH190 EEIII HD THERAPEUTIC BRONCH W

CF-HQ190L : CF- 31

HQ190L EVIS EXERA III HD COLONOSCOPE

GIF-H190 : GIF-H190 26

EVIS EXERA III HDTV GASTROSCOPE

GIF-XP190N : GIF- 5

XP190N ULTRA-SLIM SCOPE, 4-WAY, NBI

PCF-HQ190L : SLIM 20

COLONOSCOPE W/DUAL FOCUS NBI

VHAPM Part 819.7007/7008 Page 2 of 4 Original Date: 08/30/2017 Revision 03 Eff Date: 04/03/2020

Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(5), 38 U.S.

Code § 8127(c), as implemented by FAR 6.302-5 (Authorized or Required by Statute). COs may use the non-competitive (sole source) procedures authorized in VAAR 819.7007 or 819.7008 up to $5,000,000. Check the specific VAAR clause used below:

819.7007 Sole source awards to a verified service-disabled veteran-owned small business; or ( ) 819.7008 Sole source awards to a verified veteran-owned small business

Demonstration that the Contractor’s Unique Qualifications and/or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Pursuant to 38 U.S.C. § 8127(c) a sole source award to an SDVOSB concern is authorized where the SDVOSB concern is determined to be a responsible source with respect to the performance of the contract; the anticipated award will exceed the simplified acquisition threshold but will not exceed $5,000,000, and the contract award has been determined to be fair and reasonable pricing that offers the best value to the United States Government. Alliant Healthcare is a verified SDVOSB by the Center for Verification and Eligibility (CVE) on the Vendor Information Pages (VIP). Alliant Healthcare (DUNS No.

121170653) has performed satisfactorily on contracts for similar supplies and services to VISN 6.

Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by subpart

5.2 and, if not, which exception under 5.202 applies: A Sources Sought Notice was not sent or posted. Olympus has identified Alliant Healthcare as the sole authorized SDVOSB distributor for Olympus scopes. Please see Paragraph 8 for an additional description of the market research performed.

Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer will determine that the prices will be fair and reasonable based on a comparison . Prior to award price analysis of the proposed contract price will be performed and documented to sufficiently determine that the cost to the Government of the proposed acquisition will be fair and reasonable.

Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

A search in VIP using key words “SCOPES” and NAICS code 334510 shows 7 SDVOSBs and 1 VOSB.

Out of the 7 SDVOSBs only Alliant Healthcare Products was contacted due to the original equipment manufacturer (OEM) Olympus providing documentation stating the requested scopes are proprietary in nature and they only have one authorized distributor being Alliant Healthcare Products.

A search in Federal Procurement Data System - Next Generation (fpds.gov) using key terms “Scopes” shows 2861 times that the items were purchased from 10/1/2003 – 10/1/2021 from various vendors to include Olympus America Inc. and Alliant Healthcare Services.

A search in GSA eLibrary shows 9 results using the key words scopes with one of the vendors being Alliant Healthcare Products.

VHAPM Part 819.7007/7008 Page 3 of 4 Original Date: 08/30/2017 Revision 03 Eff Date: 04/03/2020

A search in GSA Advantage shows 7 items all from OEM Olympus and they are not the items requested.

A search in the NAC VA National Acquisition Center Contract Catalog Search Tool shows 2347 procurements of Olympus products under contract V797P-2065D.

Email correspondence with Olympus (OEM) querying for a list of authorized business distributors for Olympus products, supplies, and installation services. Olympus has authorized Alliant Healthcare as the sole SDVOSB distributor for Olympus products, supplies, and services.

NMR Class Waiver – The NAICS code being used is 334510 which is for cystoscopes, electromedical manufacturing. A urologist performs a cystoscopy by using cystoscopes. Urology scopes is the items being purchased. Cystoscopes is listed under NAICS 334510 and there is an NMR class waiver in place.

In a query of the Center for Verification and Evaluation (CVE) on the Vendor Information Pages (VIP), Alliant Healthcare was listed as a verified Service-Disabled Veteran Owned Small Busines. In a review of the System for Award Management (SAM) website, Alliant (DUNS No. 121170653) is listed as a small business under the requirement’s NAICS Code 334510 Electromedical and Electrotherapeutic Apparatus Manufacturing with a size standard of 1,250 employees.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None pursuant to 38 USC §8127(c) Contracting Officers may use non-competitive procedures to award to an SDVOSB.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: None

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: NCO 6 will continue to conduct market research to ascertain if there are changes in the marketplace that would enable competition for future actions.

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.

Stephanie Stephens Date OR Coordinator Surgical Services SVAHCS Salisbury VAMC