Justification for Brand Name Only_redacted.pdf

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

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

REVISION: 01

Acquisition ID#: 36C263-25-AP-2889

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE/BRAND-NAME ONLY JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C263-25-AP-2889

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office 23, 1303 5th St.

Suite 300, Coralville, IA 52241.

Organizational Activity: Department of Veterans Affairs, Fargo VA Health Care System, 2101 Elm Street N. Fargo ND 58102

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.

The intended contract will be solicited as an open market, unrestricted, brand name only procurement for Olympus brand colonoscopes. This action will result in a new, firm fixed price contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

Estimated Value:

Olympus Colonovideoscopes, model CF-HQ190L EVIS EXERA III (qty of 8). The required scopes must be compatible with the Olympus system of equipment currently is use at the Medical Center.

Delivery is 90 days ARO. These units utilize an advanced Dual Focus optical system and Narrow Band Imaging to produce clear, bright images for observation and provide Unique Responsive Technology that ensures ease of insertion and excellent scope handling during a complete colonoscopy.

Technical specifications:

1. Shall have a channel width of 3.7

2. Shall have a working length of L:1680, I:1330

3. Shall have a field of view of normal 170, near 160

4. Shall have a direction of view of forward viewing

5. Shall have a depth of field of normal 5-100, near 2-6

6. Shall have an outer diameter of 13.2

7. Shall have an outer diameter insertion tube of 12.8

8. Shall have a max angulation up of 180

9. Shall have a max angulation down of 180

10. Shall have a max angulation right of 160

11. Shall have a max angulation left of 160

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

Acquisition ID#: 36C263-25-AP-2889

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:

Only one Brand-Name Manufacturer and No Other Brand-Name Supplies or Services will satisfy agency requirements per FAR 13.106-1(b)(2).

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 required Olympus brand colonoscopes include Responsive Insertion Technology (RIT) which is a proprietary technology of Olympus. It is a unique combination of three proprietary Olympus technologies: PB (Passive Bending), HFT (High Force Transmission), and Variable Stiffness. These technologies work together to improve ease of insertion and operator control which is intended to help minimize patient discomfort and enhance procedural efficiency. These proprietary features are essential to the medical center.

The VA requires scopes that are combatible with, and seamlessly interface with, the existing Olympus System Equipment on campus which includes Olympus image processing and storage system, Olympus monitors specifically designed for use with Olympus endoscopy systems and Olympus imaging system light source equipment.

Additionally, the medical staff are trained and familiar with this brand of scope. Staff at the medical center emphasize the importance of having standardization of this equipment for the following reasons:

-Avoid disruption to, and maintain the efficiency and safety of the diagnostic/surgical procedures these scopes are currently being used for.

-Avoid confusion that can result from having more than one brand of equipment, especially in the event of an emergency.

-Avoid disruption to servicing and sterilization procedures and routines that are currently in place.

For the reasons stated above, this particular model is essential as the description of this requirement and precludes purchase of a model by another brand.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

Market research revealed there are only two sources that provide the required equipment: the original equipment manufacturer (OEM) Olympus America, a large business and their sole authorized distributor Alliant Healthcare, an SDVOSB.

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

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

We were not able to locate recent procurement history for this model scope within this Contracting Activity, but we will use the awarded contracts of other VA Contracting Activities in our determination of fair and reasonable pricing. Additionally, the OEM is on GSA schedule for the required scopes where the prices are determined to be fair and reasonable and these prices will also be used in our determination of fair and reasonable pricing. We are confident in our ability to determine if prices are fair and reasonable and as a result, we anticipate obtaining fair and reasonable pricing.

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

VA National Acquisition Database (NAC) was searched.

VA Strategic Acquisition Database (SAC) was searched.

GSA Advantage was searched.

VA ADDS-UP database was searched.

An “Exclusive Letter of Supply” from the OEM was obtained.

Confirmation of Olympus proprietary features.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: N/A

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

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:

Market research determined the requirement for these brand-name scopes can be satisfied with products that are commercial and maximum competition that can be achieved by using unrestricted procedures. This Contracting Office will continue to monitor needs of the medical center and changes and developments in the market.

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.

Julie Wittkop Date Acquisition Utilization Specialist Fargo VA Medical Center

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.

8/4/25

JULIE

WITTKOPP

Digitally signed by JULIE

WITTKOPP

Date: 2025.08.04 08:09:07 -05'00'

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

Joseph Bennett Date Contract Officer Service Suppy Team 2 Network Contracting Office 23

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.

Curt LaRose Date Branch Chief Service Supply Team 2

Network Contracting Office 23

JOSEPH

BENNETT

Digitally signed by

JOSEPH BENNETT

Date: 2025.08.04 09:33:49 -05'00' 8/4/25

CURT

LAROSE

Digitally signed by CURT

LAROSE

Date: 2025.08.04 09:39:43 -05'00' 8/4/25