P03 FINAL Brand Name Justification NCS EMG Neurodiagnostic System GCVHCS.pdf

VHAPG Part 813.106 Simplified Acquisition Procedures: Soliciting from a Single Source Attachment 1: Single Source Justification for SAP under the SAT

Last Updated: 02/01/22 Page 1 of 2

DEPARTMENT OF VETERANS AFFAIRS

Justification for Single Source Awards IAW FAR 13.106-1

For Over Micro-Purchase Threshold but Not Exceeding the SAT ($250K)

Acquisition Plan Action ID: 36C256-24-AP-2233

1. Contracting Activity: Department of Veterans Affairs, Veterans Health Administration, Network

Contracting Office 16 in support of VISN 16, Department of Veterans Affairs, VISN 16, Gulf Coast Veterans Health Care System (GCVHCS), Medicine Service, 400 Veterans Avenue, Biloxi, MS 39531.

2. Brief Description of Supplies/ Services required and the intended use/Estimated Amount: The specific (brand name only) items being requested are the following: (Natus Medical Incorporated) brand Nerve Conduction Studies (NCS) / Electromyograph (EMG) Neurodiagnostic Systems. The estimated period of performance for this acquisition is thirty (30) days after receipt of order (ARO) with a performance period not to exceed (NTE) twelve (12) months in length (to account for lead times needed to complete required installation and training). The total, estimated cost of this acquisition is $78,311.61.

3. Unique characteristics that limit availability to only one source, with the reason no other supplies or services can be used: The Statutory Authority Permitting Other than Full and Open Competition is the following: 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements. It is noted that competition will be utilized for this acquisition but brand name only items are required (and will only be accepted) which in turn restricts competition. The associated regulatory guidance is 6.302-1 (c) which states the following:

(c) Application for brand-name descriptions. (1) An acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer-

(i) Does not provide for full and open competition, regardless of the number of sources solicited; and

(ii) Shall be justified and approved in accordance with 6.303 and 6.304.

Background: There are currently three aging NCS/EMG machines (from different manufacturers) across various locations within GCVHCS that are reaching the end of their Original Equipment Manufacturer (OEM) lifespan which includes being in a BER (Beyond Economic Repair) status. This procurement will replace these machines in Biloxi, MS, Mobile, AL, and Pensacola, FL with units manufactured by the same company. These specific units are needed in order to connect to the Cerner Electronic Medical Record (EMR), the Nationally Contracted EMR provider currently being used by the Department of Veterans Affairs. Such connectivity with the EMR is required, allowing for, and enabling (required) recall capabilities of patient care from the community.

Requirement For Brand Name: Brand Name, Exact Offerings Only are required for this acquisition. Or equal, or equivalent, alternate, and/or substitute offerings will not meet the government requirements (and these non-brand name offerings cannot be modified or altered to meet government requirements).

Natus Medical Incorporated Nerve Conduction Studies (NCS)/ Electromyograph (EMG) Neurodiagnostic Systems are the only NCS/ EMG system that connects to Cerner Electronic Medical Record which is the Electronic Medical Record system currently in place (and being used by) the Veterans Health Administration (VHA). Natus Medical Incorporated (brand) NCS/EMG systems have already been https://www.acquisition.gov/?q=/browse/far/13

VHAPG Part 813.106 Simplified Acquisition Procedures: Soliciting from a Single Source Attachment 1: Single Source Justification for SAP under the SAT

Last Updated: 02/01/22 Page 2 of 2 integrated into the Cerner Electronic Medical Record system being used at numerous VHA medical facilities in various locations. At the national level, the VHA Office of Information Technology (OIT) and Biomedical Engineering Services Departments have mandated continued, further integration of Natus Medical Incorporated (brand) NCS/EMG systems for interdependent usage with the Cerner Electronic Medical Record System in order to better facilitate the delivery of veteran patient care. Procurement of other non-Natus Medical Incorporated (brand) NCS/EMG systems are prohibited per directives from these offices.

4. Description of market research conducted and results or statement why it was not conducted: Market research was conducted for this procurement. The manufacturer, Natus Medical Incorporated, was contacted. Natus Medical Incorporated provided the names of the Service Disabled Veteran Owned Small Business (SDVOSB) distributors/contractors that they utilize who can provide the brand name items required for this acquisition. A query was also conducted through SBA VetCert where it was found that numerous SDVOSB’s were available under the applicable NAICS code (334510) for this procurement. Based on this information, Kingdom ware SDVOSB “Rule of Two” requirements are met for this acquisition and a future solicitation reserved exclusively for Service Disabled Veteran Owned Small Business (SDVOSB) contractors is supported.

5. Contracting Officer's Certification: This purchase meets the FAR 13.106-1(b) (Soliciting competition). Prior to award, price fair and reasonableness determinations will be made in accordance with the criteria outlined in FAR 13.106-3. I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

C. Robert Oravetz Contracting Officer 03-13-2024 Name Date Title https://acquisition.gov/far/current/html/Subpart%2013_1.html#wp1125466