P03 J_A 7000DV_Redacted.pdf

OFOC SOP Revision 09 Page 1 of 3 Original Date: 03/22/11 Revision 09 Date: 04/17/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C260-20-AP-3573

1. Contracting Activity: Department of Veterans Affairs, RPOW, Network Contracting Office 20 (NCO

20), 5115 NE 82nd Avenue, Suite 102, Vancouver, WA. 98662. PR-IFCAP 648-20-1-9961-0030 TruSystem 7000DV Surgical Table.

2. Nature and/or Description of the Action Being Processed: Portland Operative Care Division (OCD) requires a new firm-fixed-price contract for 3 surgical tables that can integrate directly with the DaVinci Xi surgical robot so that the DaVinci head and table move in unison.

FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement is for Trumpf TruSystem 7000DV Surgical Tables in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Portland VAMC utilizes a DaVinci Xi surgical robot. This equipment requires a table which can integrate directly with the robot to allow the two to move in a synced and coordinated way. This is key for the safe use of the surgical robot. The Portland VAMC requires new and additional surgical tables to be used with this equipment for redundancy.

CLIN Description QTY Amount 1 TruSystemr 7000dV Standard Table Package 3 dV SmartCare Protection + 2 Years (Exclusive for NEW dV Sales) 2 Year comprehensive service coverage to include all necessary software updates to enable and sustain ITM, and 2 PM's at 12 and 24 months In addition 1

3 Advanced Robotics Positioning Package 3 4 Cable Remote Control TS 7000 3

Total

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 FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

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Revision 09 Date: 04/17/2020

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

FAR13.5 Simplified Procedures for Certain Commercial Items: FAR 13.5 applies to this acquisition as this procurement is for a commercial service. In accordance with FAR 13.106-1(b)(2) non-competitive procedures are being utilized (i.e. FAR 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements). Per FAR 13.501 there are special documentation requirements for this action (preparation/certification of the justification and posting of the justification to the government point of entry (GPE).

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The Trumpf Medical TruSystem 7000dVoperating table is the only connective table to the DaVinci Xi Da Vinci Xi Surgical Systems.

The TruSystem 7000dV Surgical Table is a sole proprietary product to Hill-Rom, Inc. This product is a registered trademark exclusive to Hill-Rom, Inc. Hill-Rom, Inc does notauthorize any entity to sell or distribute the TruSystem 7000dV Surgical Table.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Hill-Rom was contacted to see if they had distributors authorized to sell the TruSystem 7000DV Surgical Table. They responded that they are the sole manufacture (letter in briefcase). Additionally, Intuitive Surgical, Inc. was contacted to see if there were any other surgical tables that were compatable with the da Vinci Xi Robot, in which they replied that the TruSystem 7000DV Surgical Table was the only compatable system (letter in briefcase).

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

Reasonable: A fair and reasonable price determination will be made prior to contract award. This will be established in accordance with FAR 13.106-3(2) (ii) Comparison of the proposed price with prices found reasonable on previous purchases. For example 36C26120P1236 awarded on July 13, 2020 TruSystem 7000dV for DaVinci Surgical for the amount of $100,534.75. 36C24720P0707 awarded on 05/13/2020 TruSystem 7000DV Surgical Table for da Vinci Xi Robot in the amount of $102,300.69

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 in accordance with FAR 10, and the items are not available from a mandatory source. The TruSystem7000dV Surgical Table is the only surgical table that is compatible with the Da Vinci Surgical robot. Hill-Rom is the sole manufacture and distributor of the TruSystem7000dV Surgical Table and only compatible surgical table with the DaVinci Xi surgical robot. Letters from Hill-Rom and the manufacture of the DaVinci Xi surgical robot, Intuitive Surgical, Inc. are included in the briefcase.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: No other facts are necessary.

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

Hill-Rom Company, Inc.

d/b/a Trumpf Medical 1046 Legrand Blvd.

Charleston, SC 29492

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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: For this specific acquisition market conditions are to be reviewed periodically to determine if alternate or additional sources have become available. Such actions also include corresponding with the manufacturer, Trumpf Medical to determine if industry related restrictions (imposed by the manufacturer) have been removed in an effort to foster a competitive environment for similar or related acquisitions in the future.

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.

Gordon Hosoda Date Chief, Biomedical Engineering VA Portland Health Care System

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

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

Robert Hamilton Date Contracting Officer, Supply 2

NCO 20

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Peggy L. Bowen Date

Chief, Division I

NCO 20

JOFOC Log Number: 2020-07-31T11:41:06

08/04/2020

GORDON P

HOSODA 583943

Digitally signed by GORDON

P HOSODA 583943

Date: 2020.08.04 07:07:08 -07'00'

Robert W.

Hamilton 902204

Digitally signed by Robert W.

Hamilton 902204 Date: 2020.08.04 11:16:15 -07'00'

Peggy L. Bowen 1568934

Digitally signed by Peggy L.

Bowen 1568934 Date: 2020.08.05 10:39:50 -07'00'