LSJ BrainLab Software_Redacted.pdf

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(4) Identify the Authority and Supporting Rationale (see below and if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

FAR 8.405-6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays:

FAR 8.405-6(a)(1)(B): Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized: . is the original equipment manufacturer (OEM) and has proprietary rights to the BrainLab Image-Guided Surgery platform and software system. Their only authorized distributor is

FAR 8.405-6(a)(1)(C): In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures.

FAR 8.405-6(b): Items peculiar to one manufacturer:

A patent, copyright or proprietary data limits competition. The proprietary data is:

These are “direct replacements” parts/components for existing equipment.

The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing.

(5) Describe Why You Believe the Order Represents the Best Value consistent with FAR 8.404(d) to aid the contracting officer in making this best value determination:

The required services are offered on an existing NAC/FSS contract and the rates for services have already been determined to be fair and reasonable. A price reduction was requested IAW 8.405-4.

The alternative to purchasing these services is to procure another specialized neurosurgical cranial navigation equipment/software system. Due to the complexity of the existing system, changing to another vendor would be of great expense and possible delays in transition.

Since it is unreasonable to change the existing system at this time, ordering these services remains the best value to the government. Price will be reviewed prior to award and price fair and reasonableness determination will be documented.

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(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted.

is the OEM and has proprietary rights to the existing BrainLab Image-Guided Surgery platform and software system at authorizes a SDVOSB, as the only vendor capable of providing the services at best value.

Market research was conducted using available resources. A search on SBA VetCert using NAICS code 339112, resulting in 653 SDVOSB/VOSB vendors identified; and a search on SBA DSBS using NAICS code 339112, resulting in 87 small business vendors identified. However, due to proprietary rights of the equipment and software system, no other vendor can meet the agency’s need.

(7) Any Other Facts Supporting the Justification:

BrainLab software is currently in use and any new software system must be compatible with the existing BrainLab equipment. Any inability to provide BrainLab software will result in cancellation of scheduled medical procedures and impact Veteran patient care.

(8) A Statement of the Actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made:

is the only source capable of providing the services needed at the level of quality required. If replacement of the entire system is needed, the requirement will be solicited to provide opportunity for multiple vendors through competition.

(9) 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. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4. (This signature is the requestor’s supervisor, fund control point official, chief of service or someone with responsibility and accountability.)

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(10) Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: It is recommended that this requirement be ordered through the active NAC/FSS contract to ensure that prices remain fair and reasonable throughout the life of the contract.

a. Contracting Officer’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K):

I certify the justification meets requirements for other than full and open competition.