P03--JA Brand Name signed.pdf

OFOC SOP Revision 08 Page 1 of 4 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C246-20-AP-1274

1. Contracting Activity: Network Contracting Office 6 (NCO 6), Department of Veterans Affairs

(VA), VISN 06, Transaction Number: 558-20-3-441-0018.

2. Nature and/or Description of the Action Being Processed: The Durham VA Medical Center

(VAMC), located in Durham North Carolina, 27705 has a requirement for Straumann brand name prosthodontics implant devices and products for the eligible veteran beneficiaries requiring dental services at the Durham VA Medical Center. Estimated Amount: Base Period: $183,750.00, Option Period: $281,965.00, Base + Option Year: $465,715.00.

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

The Dental Laboratory at the Durham VAMC requires the unique products and services of the brand name Straumann. This brand name will provide the same quality of dental care the veteran received previously. In addition, majority of the dental patients receiving dental care from the Durham VAMC contain the Straumann dental products. Having to replace the currently installed dental products would create unacceptable delays for the veteran receiving the dental care and have a substantial duplication of cost to the government that is not expected to be recovered through competition.

Contractor shall use Straumann certified materials to fabricate restorations on Straumann implants which is currently the dental implant system used by the DVAMC surgeons. Dental laboratory shall be certified by the manufacturer of the Straumann Implant system. This ensures that the warranty on all Straumann implant components is not voided and that stringent VA requirements for implantable devices are met. Durham VAMC requires a dental laboratory that can provide same day service for fixed prosthodontic laboratory work and provide the Straumann warranty for the Straumann products and service listed below.

Complete and Removable Partial Denture acrylic resin repairs (same day)

Complete and Removable Partial Denture, tooth additions/repair (same day)

Complete and Removable Partial Denture Relines/Rebases (same day)

Implant Retained Provisional Restorations (incl 1 to multi-unit restorations, acrylic, composite or any other provisional Implant Retained Abutments (same day) material) (same day)

Solder/Laser Weld (same day)

Implant supported fixed restorations including one to multiple unit restoration (incl zirconium, porcelain, and high noble alloy) with Straumann brand components supplied by the vendor

Implant supported removable appliances with Straumann brand components

Implant supported frameworks for fixed and removable restorations

Hybrid bars (high noble alloy, gold or titanium)

Surgical stent for implant restorations and guided implant surgery

All types of diagnostic wax-ups

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 FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability

OFOC SOP Revision 08 Page 2 of 4

Revision 08 Date: 04/18/2018 or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4

( ) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per FAR 6.302-7;

FAR13.5 Simplified Procedures for Certain Commercial Items:

5. Only One Responsible Source (FAR 6.302-1) - Demonstration that the Contractor’s Unique

Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above

(applicability of authority): The Straumann brand will be used in conjunction with the current highly specialized Straumann implant devices already in use at the facility. The continued use of these fixed prosthodontic devices will eliminate a substantial duplication of costs to the government that is not expected to be recovered through competition. In addition, discontinuing the use of the

Straumann devices will create unacceptable delays to the veteran who needs this dental product, and to the facility trying to fulfill its requirements. Procuring the brand name Straumann will provide optimal, state-of-the-art dental care for our veterans. Brand name only is in the best interest of the government and is necessary to ensure compatibility, consistency, functionality, reliability, and uniformity with existing equipment. The Straumann implant warranty is upheld by the company only if the same brand of restorative parts is used in the fabrication of crowns, bridges, bars, fixation hardware and temporaries. The nine (9) full-time staff dentists that use the Straumann Dental products have trained on these products, and are familiar with the high quality laboratory support and fitment of these implants. Utilizing another brand name would require re-training all nine (9) dentist on staff, and removing straumann implant devices already installed in the veteran, and substantially duplicate the cost to the government, which is not expected to be recovered through competition. The estimated value of this requirement is $465,715.00, for a base plus one (1) option year period contract.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

a) Sources Sought Synopsis: On March 25, 2020, a sources sought notice was issued on Beta SAM

Contract Opportunities with a closing date of 03/31/2020 seeking any interested small business with a priority on service-disabled veteran owned vendors capable of fulfilling the dental requirement for

Straumann Brand Name dental products. The sources sought included the performance work statement which described the products and services needed by the requiring activity. On March 31, 2020, at 12:00 PM EDT the sources sought notice closed, and one (1) service-disabled veteran owned small business, Dental Craft Lab, Inc; and two (2) small businesses Burbank Dental Laboratory, Inc and Absolute Dental Services, Inc responded with experience using the Straumann name brand products and services. SAM confirms the vendors are small for NAICS code 339116.

b) Other Actions: A search on GSA eBuy under category 621 I: 621-033; Dental Related Services

(Includes: Dental Hygienists, Certified Dental Assistant, Dental Laboratory Technician, Other), identified seven (7) capable SDVOSB vendors. Under category 65 II C: Crown and Bridges one (1) capable SDVOSB vendor was identified. A sources sought notice was issued on 03/25/2020, and closed on 03/31/2020 on GSA ebuy to vendors under categories 621 I: 621-033 and 65 II C seeking any interested party capable of fulfilling the Straumann brand name requirement for the Durham VA

Medical Center. No vendor responded capable of fulfilling this requirement for the Durham VA

Medical Center. On April 7, 2020, a query of the Interagency Contract Directory Portal using PSC

Code Q503, and dental laboratory displayed (12) dental contracts awarded to SDVOSB vendors that currently have dental contracts in place. But, due to the Straumann Brand name requirement, none of the (12) contracts awarded can fulfill this requirement. A query of the database using keyword

Straumann identified one (1) large business, Straumann USA, LLC as capable of fulfilling the brand name requirement.

OFOC SOP Revision 08 Page 3 of 4

Revision 08 Date: 04/18/2018

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The current SAC dental laboratory contracts do not provide for the Straumann product brand or warranty. Most of the veteran population receiving dental care have the Straumann brand as a fixed prosthodontics in their mouths. Replacing that fixed prosthodontics in all dental patients would be an unacceptable delay and create a substantial duplication of cost to the government that is not expected to be recovered through competition. The contracting officer has determined that due to the duplication of cost and the unacceptable delays this would cause to the veterans and the dentists performing theses services, the anticipated cost to the government will be fair and reasonable.

Previous dental services contract 36C24619P1546 was awarded to Absolute Dental Services, Inc. in the amount of $52,705.00 for the period of 8/19/2019 -2/5/2020, was determined to be fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: As described in Section 5 above, in accordance with FAR 6.302-1, the Straumann brand name will be used in conjunction with the current highly specialized Straumann implant devices already in use at the facility. The continued use of these fixed prosthodontic devices will eliminate a substantial duplication of costs to the government that is not expected to be recovered through competition.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: The following sources are capable of fulfilling this requirement, and have experience using the Straumann name brand products and services.

Dental Craft Lab, Inc. VIP verified SDVOSB

Burbank Dental Services, Inc. Small Business

Absolute Dental Services, Inc Small Business

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:

The dental laboratories on the SAC contract provide for basic prosthodontic needs, but do not meet the needs for emergency dental services or complex rehabilitation cases. The contract also does not provide for the Straumann implants used on the veteran population receiving dental care at the

Durham VAMC. There are no barriers to overcome regarding competition. Future SAC dental solicitations should include the need for emergency dental services, and/or complex rehabilitation cases for veterans requiring the straumann System of dental care products and services.