OPPORTUNITIES-DESCRIPTION.docx

VHAPM Part 808.405-6 Limiting Sources Attachment 2: Request for Limited Sources Justification Format >SAT

36C247-22-AP-1326

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID: 36C247-22-AP-1326

(1) Contracting Activity: Department of Veterans Affair (VA), Birmingham VA Health Care Services (521), 700 South 19th Street, Birmingham, Alabama 35233, Veterans Integrated Service Network (VISN) 7, 521-22-2-040-0015.

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

Order against: |X| FSS Contract Number: 36F79721D0168

(3) Description of Supplies or Services: This is a brand-name-only sole source requirement for a new firm-fixed-price contract. The Birmingham VA Medical Center (BVAMC) requires leasing surgical endoscopy equipment to complete minimally invasive diagnostic medical procedures in the operating room and specialty clinics. These scopes will be used to examine the structure of an internal organ or tissue. In accordance with Veterans Healthcare Administrative (VHA) Directive 1761 to standardize to the maximum extent possible the types and categories of supplies and equipment VHA purchases, consistent with patient care and practitioner needs. Standardization is expected to facilitate best-value product pricing through volume purchasing and facilitate the delivery of high-quality health care. Therefore, the following leased equipment is required for use by the physicians and fellows to perform Urology & ENT procedures in the operating room and specialty clinic.

Period of Performance:

Base plus 2 Option Years.

(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:

|X| 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; A patent, copyright or proprietary data limits competition. The proprietary data is: Narrow Band Imaging by Olympus. Our current Olympus ENT and Urology endoscopes simply plug into the existing Olympus video processing equipment. The requested equipment will plug into this existing equipment as well. The newer video platform requested for 3k clinic will support existing scopes as well as the requested scopes and is compatible with all other devices on site. The lithotripter requested will work with all existing on-site equipment.

|_| 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: It has been determined leasing endoscopes is most cost-effective in comparison with an outright purchase, allows for flexibility in exchanging contracted items when needed. This equipment offers NBI (Narrow Band Imaging) and is compatible with our existing video tower equipment. All scopes must be compatible with the current Olympus video processor currently in place at the facility. To use any other would cause duplication in cost since all Olympus video equipment and software would also need to be replaced.

(6) Describe the Market Research Conducted: Market research was conducted, and there is not adequate competition to solicit this as a Service-Disable Veterans Owned Small Busines (SDVOSB) or Veteran-Owned Small Business (VOSB) based on the NAICS code: 532210/PCS code: W065. The OEM of the equipment have authorized distributors for their equipment, but the OEM has a lease agreement with the US Government that the leasing of the equipment is offered solely by and applies solely to the OEM. The OEM provided a proprietary letter that they can only provide the lease on the equipment. A query of Vetbiz and SBA Dynamic Small Business Database. The SDVOSB, VOSB, and Small Businesses didn't have proprietary equipment for leasing.

(7) Any Other Facts Supporting the Justification:

The leased equipment/service will provide and support both the Urology and Otolaryngologists: Ear, Nose, and Throat (ENT) departments. Also, the provided lease equipment will work with all of the station's existing equipment and medical staff that is already trained and capable of using the equipment from the previous contract. In accordance with VHA Directive 1761(2), leading standardization covers establishing national contracts for multiple brands of commodities and equipment that facilities have standardized to through the clinically driven operating model.

(8) A Statement of the Actions: In the government's best interest, the Agency will continue to seek additional competition as Olympus adds authorized distributors to their company. During the duration of the contract, when option years are exercised, a market survey is conducted to monitor the contract. This monitoring will determine if the specific brand equipment/service is still within the government's best interest and if not, a new solicitation may need to be issued for procurement.

(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.)

SIGNATURE DATE

(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.

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.

NCO/PCO XX DUTY TITLE

HIGHER LEVEL APPROVAL (Required for orders over $750,000):

c. VHA RPO HCA Review and Approval (over $750,000 to $75 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for restricting consideration of the Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4.

_____ DATE

SIGNATURE

NAME

VHA RPO (HCA)

VHAPM Part 808.405-6 Limiting Sources Page 5 of 5 Original Date: 08/30/2017 Revision 03 Eff Date: 03/18/2021