LSJ OVER_SAT apw.pdf

Attachment 2: Request for Limited Sources Justification Format >SAT

VHAPG Part 808.405-6 Limiting Sources Page 1 of 3 Revision: 01 Effective Date: 09/01/2024 Acquisition ID#:36C250-25-AP-0785

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID: 36C250-25-AP-0785

(1) Contracting Activity: Department of Veterans Affairs, Network/Program Contracting Office 10, located at 3140 Governors Place Blvd, Suite 210, Kettering, Ohio 45409, in support of VISN 10 VA Health Care System. 2237# 541-25-1-250-0035

(2) Description of Action: This acquisition is conducted under the authority of the Multiple-Award

Schedule Program (41 U.S.C. 152(3) and 40 U.S.C. 501). Procurement of E14C4t Triplane & E14CL4b

Biplane Transrectal & Transvaginal Transducer Probes.

Order against: VA NAC Contract Number: 36H79719D0011.

Name of Proposed Contractor: BK Medical Holding Company, Inc.

Street Address: 25 Corporate Drive, 2nd Floor, Suite 230

City, State, Zip: Burlington, MA 01803

Phone: 1-614-869-8378

(3) Description of Supplies or Services:

The estimated value of the proposed action is $425,712.00.

The Cleveland VA Medical Center (VAMC) is need of 12 E14C4t Triplane and 12 E14CL4b Biplane

Transrectal & Transvaginal Transducer Probes. These probes are required for trans-perineal procedures in surgery & clinic. These probes are frequently used in OR and GU procedures and the shortage of them are affecting cases. E14C4t Triplane & E14CL4b Biplane Transrectal &

Transvaginal probes are designed specifically to be used with the Bk Activ system and software applications which is currently being used at the Cleveland VAMC. No other probes will work with the Bk Activ system. These probes are needed urgently to prevent any delays in care.

(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.

https://www.acquisition.gov/far/part-8#FAR_8_405_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-chap5-subchapI-sec501.pdf

VHAPG Part 808.405-6 Limiting Sources Page 2 of 3 Revision: 01 Effective Date: 09/01/2024 Acquisition ID#:36C250-25-AP-0785

FAR 8.405-6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays: There is a total of 12 probes in SPS, six of them are out for repair and there is no ETA on return from repair. Probes are required for trans-perineal procedures in surgery & clinic. Failure in procuring these probes will negatively affect these patients that need prostate biopsies for cancer diagnosis with the decreased number of probes. These probes are frequently used in OR and GU procedures and the shortage of them are affecting cases.

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.

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: Product is on VA National Acquisition Center (VA NAC), which is a governmentwide contract with commercial companies that provide access to millions of commercial products and services at fair and reasonable prices to the government. If the VA NAC contract is not utilized, the resulting solicitation could result in higher costs to the government.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted: These transducers are designed specifically to be used with the Bk Activ system and software applications which are currently being used at the Cleveland VAMC. No other probes will work with the Bk Activ system.

VHAPG Part 808.405-6 Limiting Sources Page 3 of 3 Revision: 01 Effective Date: 09/01/2024 Acquisition ID#:36C250-25-AP-0785

(7) Any Other Facts Supporting the Justification: Trends in the market continue to be of the singulars channel. The OEM maintains intellectual and physical ownership of their proprietary technologies, equipment, and maintenance services. There are no other service providers who can supply the transducers for the BK Medical Holdings Company, Inc. system Bk Activ.

(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: Any future requirements like this will have similar market research to this one performed to see if there have been any changes in the marketplace for these services and if possible, will be competed in the future.

(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.

Johnnie Allen Date Management & Program Analyst Northeast Ohio VA Healthcare System

(10) Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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

John Tschirhart Date Contracting Officer

NCO 10

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.

Adam P. Weber Date Branch Chief Supply Team #1

NCO 10

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