P03 J_A_Redacted.pdf

36C244-20-AP-2435

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;

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

5.

the Use of the Authority Cited Above (applicability of authority): Currently the brand name Sonosite X-Porte Ultrasound is the only source for this acquisition capable of providing the necessary technology and pre-installed education requirements. The providers at the WBVAMC currently use the Sonosite Mturbo ultrasound. The staff are currently trained on the Sonosite Ultrasounds and are proficient in the use of the current Sonosite Ultrasounds. This equipment/service is compatible in all aspects (Form, Fit, Function) with existing systems presently installed/performing at the WBVAMC. There are no other substitutes on the market that are compatible with the existing equipment already in-place.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A Request for Information (RFI) 36C24420Q0577 was posted to Contract Opportunities requesting information from all potential qualified sources. This RFI was posted on April 30, 2020 and closed May 14, 2020. In addition, a thorough search of all mandatory contract sources was searched with negative findings.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer will evaluate the vendor awards, and compare the pricing offered to recently awarded contracts for the Sonosite X-Porte Ultrasound Machines.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research conducted revealed Sonosite as the only brand name source for this acquisition capable of providing the necessary technology and pre-installed education programs in one package to meet the needs of this requirement. In addition to the market research conducted by the technical team at WBVAMC, the Contract Specialist (CS) completed a rigorous market research effort. This effort consisted of a thorough search of the mandatory contract vehicles such as, the Strategic Acquisition Center (SAC) and the Medical and Surgical Prime Vendor (MSPV), General Services Administration (GSA), Federal Supply Schedules (FSS), and the National Acquisition Center (NAC) and there are no existing contract schedules for Sonosite X-Porte. The Contract Specialist searched the Vendor Information Pages (VIP) using the applicable NAICS 334510 and keywords X-Porte Ultrasound System. This search criteria returned 12 Service-Disabled Veteran Owned Small Businesses (SDVOSB) and Veteran-Owned Small Businesses

(VOSB).

With all of the above information considered, the CS posted an RFI to Contract Opportunities to allow capable sources to respond confirming their capability. After the two-week posting

36C244-20-AP-2435

concluded, the CS received a total of 4 responses: 1. Bravo, Inc. (SDVOSB), 2. Trafalgor Business Solutions (WOSB), 3. Synergy (SDVOSB), and 4. DGA Medical (SDVOSB). With this information and more than two SDVOSBs responses, the CS determined if an SDVOSB set-aside would apply for this procurement by meeting the Non-Manufacturer Rule (NMR). It was determined that a Small Business Administration (SBA) Class Waiver to waive the NMR does exist and is in place for NAICS 334510, Ultrasound Machines, meeting the third prong of the NMR. Furthermore, to meet the remaining three prongs, all of the SDVOSBs do not exceed 500 employees, they all typically sell ultrasound equipment, and they all take ownership/responsibility in a manner consistent with industry standards. All of this information is uploaded to the contract file for reference.

As a result of the SDVOSBs meeting the NMR rule and the VA has reason to believe two or more capable SDVOSBs can meet this requirement. The Government anticipates a brand name, open market, Service Disable Veteran Owned Business set-aside in accordance with FAR parts 12 and 13 under Simplified Acquisition Procedures in FAR Part 13.5.

9. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: As stated above, the CS received a total of 4 responses: 1. Bravo, Inc. (SDVOSB), 2. Trafalgor Business Solutions (WOSB), 3.

Synergy (SDVOSB), and 4. DGA Medical (SDVOSB).

10. 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: There are three (3) SDVOSBs capable of providing a quote for this request; therefore, there are no barriers preventing competition and the solicitation will be set-aside in accordance with the Veterans First Program.

11. 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.

Edward Ferkel 6/23/2020 Administrative Officer Wilkes-Barre VA Medical Center d k l