P03. - J_A OVER_SAT PMI Maint Service Zeiss Equipment Signed.pdf

Request for Sole Source Justification Format >SAT

VHAPG Part 806.3 OFOC Page 1 of 5 Revision: 04 Effective Date: 12/15/25 Acquisition ID#: 36C262-26-AP-7166

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Other Then Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C262-26-AP-7166

1. Contracting Activity:

Department of Veterans Affairs VHA Regional Procurement Office- West Network Contracting Office- 22

Department of Veterans Affairs VA Greater Los Angeles Healthcare System (VAGLAHS) Engineering Department 11301 Wilshire Blvd WLA Facility Los Angeles CA 90073

PR# 691-27-1-208-0002

2. Nature and/or Description of the Action Being Approved:

The Greater Los Angeles VA Healthcare System has a need for Preventive Maintenance Inspection (PMI) and Corrective Maintenance services on selected Government Owned Zeiss medical equipment. This is a new firm-fixed-price service contract needed to service and maintain Zeiss equipment at VA Greater Los Angeles Healthcare System. There is no previous service contract for this equipment used in varying clinics: eye clinic, OR, dental, etc., and preventative and corrective maintenance services, parts and software needed for the general operations for our government owned Zeiss equipment is necessary. This new requirement will be a sole course base plus three option years contract.

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

Service is needed for the Zeiss equipment at VA Greater Los Angeles. Support is needed to service, maintain, and provide software updates to all Zeiss equipment at VA Greater Los Angeles. As the manufacturer and sole source proprietary owner of the equipment, only Zeiss can provide the required service, parts, and software updates, and they have quoted the exact equipment components to be covered through this service contract (see itemized quotes for items). This will be a base plus three option years service contract. The first year will be $181,089.91, with a cumulative cost of $731,708.96 over the four years.

VHAPG Part 806.3 OFOC Page 2 of 5 Revision: 04 Effective Date: 12/15/25 Acquisition ID#: 36C262-26-AP-7166

4. Statutory Authority Permitting Other than Full and Open Competition:

(X) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by RFO 6.103-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by RFO 6.103-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by RFO 6.103-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by RFO 6.103-4

( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by RFO 6.103-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by RFO 6.103-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by RFO 6.103-7;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

There is only one responsible source that can provide the necessary service and support requested through this requirement. This is new firm-fix priced contract servicing the Zeiss equipment used in eye clinic, dental, OR for varying departments throughout the VA Greater Los Angeles Healthcare System. Zeiss equipment includes digital imaging systems, fundus cameras, endoscopic and stereo microscopes, lensometers, visual field analyzers, and OCTs for eye clinic and dental, and surgical microscopes for ENT, eye, and neurosurgery. This contract includes preventative and corrective maintenance services and covers parts and software needed for the general operations for our government owned Zeiss equipment.

Due to the nature of the acquisition, this must be sole sourced to prevent unacceptable delays in fulfilling the agency’s requirements. Only the manufacturer can provide the necessary software to maintain system operations, so to prevent unacceptable delays in service and equipment maintenance, this requirement must be sole sourced.

Accordingly, Zeiss is the only firm capable of providing the supplies and services described in Section III above without the Veteran’s Health Administration experiencing unacceptable delays in fulfilling its requirements.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as possible (including whether a notice was or will be

VHAPG Part 806.3 OFOC Page 3 of 5 Revision: 04 Effective Date: 12/15/25 Acquisition ID#: 36C262-26-AP-7166 publicized as required by RFO Part 5 and, if not, which exception under RFO Part 5 applies):

Even if other offers were made in regards to this requirement, they would not be acceptable since the offeror would not be the original equipment manufacturer (OEM) of Zeiss medical equipment and would not own the proprietary rights to service and upgrade the equipment as outlined by this requirement. If an offer was made by another non-OEM vendor, they would not be able to meet the package requirements since the OEM does not share their proprietary licenses or rights to service the equipment. Since no other vendors can appropriately meet the package requirements, any other offers would be insufficient to meet the requirement needs.

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

IAW: RFO 6.104(a)(7) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. Independent Government Cost Estimate was compared to the quote provided and found to be reasonable price.

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

Market research was conducted and documented in the designated attachment for market research. Zeiss has provided a sole source letter stating that only Zeiss employed service engineers are app[roved to perform “service” “repair” services on Zeiss products / equipment and only Zeiss personnel can ensure that the Zeiss devices are connected and communicating with Zeiss FORUM, Vista Imaging, or Cerner EMR. Vetbiz was checked, and no vendor was identified who could specifically service the Zeiss equipment that VA Greater Los Angeles has onsite and is requiring service for. SAM.gov was also searched to identify other service contracts for Zeiss equipment, and other sites were identified as soliciting sole source procurements.

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

Full and open competition cannot be used for this procurement as the original equipment manufacturer (OEM) of Zeiss equipmen and only Zeiss is approved to perform “service” “repair” services pm Zeiss product / equipment. The Zeiss equipment at VA Greater Los Angeles is still within its equipment lifecycle, so OEM support is needed to maintain the equipment. No other vendor can be solicited because they would not be able to meet the requirements of the statement of work, since only the OEM reserves the proprietary rights to the support required. A third-party contractor would not be able to provide the adequate services required and would cause an unreasonable delay to the Government.

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

PROAIM Americas, LLC.

16024 Manchester Road Suite 200 Sanit Louis, MO 63011 Service Department: (800) 341-6968 Email: quotes@proaim-medical.com Phone: (844) 467-7624

Primary Contact:

Parker Bellinger Sr. Regional Sales Manager – Southern California Cell: 818.207.4979 parker.bellinger@zeiss.com www.zeiss.com/med

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:

No actions are currently planned to foster competition for future acquisitions of the service being acquired. Zeiss equipment will need support for the remainder of its equipment lifecycle. The equipment will be used for multiple years, so during that time OEM support will be required. When the equipment is end of life and needs to be replaced, open market competition will be viable for the new equipment procurement and subsequent support contract.

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.

Marco Ramos Contract Specialist NCO 22 Service Branch 3

VHAPG Part 806.3 OFOC Page 5 of 5 Revision: 04 Effective Date: 12/15/25 Acquisition ID#: 36C262-26-AP-7166

13.Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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

Helena Roba Branch Chief / Contracting Officer NCO 22, Service Branch 3