P03- JA for Biosense Webster Carto.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification Template >SAT-$7.5M under FAR13.5

Effective Date: 02/01/2022 Page 1 of 2

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: _36C250-24-AP-2483_______________

1. Contracting Activity: Department of Veterans Affairs, VISN 10, LTC. Charles S. Kettles VA Medical

Center, Cardiology Department. Network Contracting Office 10. 2237 # 506-24-2-118-0091

2. Nature and/or Description of the Action Being Processed: This procurement is for a Carto 3 Ablation System for the VA Ann Arbor Healthcare System. The Carto system’s warranty has expired.

Biosense Webster, Inc is the Original Equipment Manufacturer (OEM) of the Carto system; this request is for equipment maintenance, software support, and upgrades to the Carto system. The estimated amount of this procurement is $610,300.00 for a base year and two option years.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Contractor shall provide any upgrades to the equipment, software, physical technology, parts, labor, and travel to maintain the Carto system located at the LTC Charles S. Kettles VA Medical Center.

4. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

( x ) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Biosense Webster is the OEM for this equipment and does not sell their proprietary information or replacement parts to 3rd party sources. It is proprietary equipment/software and only the manufacturer is authorized to service/update it. This is highly specialized equipment and is only able to be serviced by the manufacturer. Biosense has provided a sole source proprietary letter confirming they are the only capable source.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Market Research was conducted, due to the nature of upgrades being included in this Solutions agreement, there is no other company that can fulfill needs on this equipment.

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification Template >SAT-$7.5M under FAR13.5

Effective Date: 02/01/2022 Page 2 of 2

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

Reasonable: The anticipated cost to the Government was determined to be fair and reasonable by comparing it to the IGCE.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted: VetCert was searched using NAICS 811210 resulting in 191 vendors found. DSBS searched using NAICS 811210, zip code starting with 48, and keyword “carto” resulting in 0 vendors found.

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

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

is the only source capable to provide needed services and upgrades.

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: N/A

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.

Robert Stewart Date Lead MIT Cath and EP lab

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.

Christopher Gundy Date Contracting Officer Network Contracting Office 10

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Lisa Bailey Date Branch Chief, Services Team 4

Network Contracting Office 10 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx