P03 JOFOC 36C20-20-AP-4724 Stryker - HCA Approved - redacted.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 10 Page 1 of 4 Original Date: 03/22/11 Revision 10 Date: 09/10/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C260-20-AP-4724

1. Contracting Activity: Department of Veterans Affairs, RPO West, NCO 20 on behalf of Boise VA

Medical Center. 2237: 531-21-1-930-0007

2. Nature and/or Description of the Action Being Processed: This is a brand name only requirement for a firm-fixed price base plus four option year contract for Stryker Procare service 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. Boise VAMC has a need for service contract that covers maintenance and repair of Stryker endoscopy equipment. Market research confirmed that there are two SDVOSB sources that are authorized distributors for Stryker. Estimated Annual Cost (Manufacturer Pricing):

Total:

Estimated Cost Table Base Year Stryker Procare Gold Service

52.217-9 / OY-1 Stryker Procare Gold Service 52.217-9 / OY-2 Stryker Procare Gold Service 52.217-9 / OY-3 Stryker Procare Gold Service 52.217-9 / OY-4 Stryker Procare Gold Service

52.217-8 / 6-Month Option Stryker Procare Gold Service

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Contractor is to provide on-site preventative maintenance and repair services on the same day as required, included but not limited to all labor, certified service technicians, travel, living expenses, maintenance materials and service, and tools, parts necessary to perform the required service in accordance with the manufacturer’s service manuals for Styker endoscopy equipment. The service entails the following:

a. An unlimited number of repairs of the Stryker Endoscopy Equipment, including labor and parts, regardless of fault, except as provided in subsection (b) below;

b. Replacement equipment for the Stryker Endoscopy Equipment, if necessary. Stryker Endoscopy shall have sole discretion to determine whether the Stryker Endoscopy Equipment shall be repaired or replaced;

c. Use of loaner equipment to replace the Stryker Endoscopy Equipment during repair, except where the item is handled through Stryker Endoscopy’s repair / replace program; and

d. Prioritized repairs over non-contracted customers, with no additional administration or approval process.

e. Will provide software upgrades.

f. Will provide a system image DVD, of the current version, to reimage disk drive prior to return for repair.

OFOC SOP Revision 10 Page 2 of 4

TABLE OF EQUIPMENT COVERED

Part Number Description Qty

1488010000 1488 HD 3 CHIP CAMERA CONTROL UNIT (CCU) 4

1488610122 1488 HD 3-CHIP CAMERA HEAD WITH INTEGRATED COUPLER 18

240031000 VISIONPRO SYNK 26" WIRELESS LED DISPLAY 8

240060100 SDC3 BASE SYSTEM 4

240080230 SDP1000 4

620040610 PNEUMO SURE XL HIGH FLOW INSUFFLATOR 4

502539010 HD 5MM 0° LAPAROSCOPE, AC 2

502539030 HD 5MM 30° LAPAROSCOPE, AC 2

502104030 HD 4MM X 30° ARTHROSCOPE SPEEDLOCK A/C 11

240031010 SYNK WIRELESS TRANSMITTER 2

475000000 CROSSFIRE CONSOLE 3

475000100 CROSSFIRE FOOTSWITCH 3

450000000 CROSSFLOW CONSOLE 3

375704500 PACKAGING, FORMULA SHAVER (HAND CONTROL) 4

275601500 TPS SMALL JOINT HANDPIECE 1

220210000 L9000 LIGHT SOURCE 4

502244030 2.7MM X 30DEG STUBBY, A/C 4

502104010 HD 4MM X 0° ARTHROSCOPE SPEEDLOCK A/C 2

502503010

PRECISION IDEAL EYES 5.5MM 0°, HD AUTOCLAVABLE

LAPAROSCOPE 30CM

502503030

PRECISION IDEAL EYES 5.5MM 30°, HD AUTOCLAVABLE

LAPAROSCOPE 30CM

502104070 HD 4MM X 70° ARTHROSCOPES, SPEEDLOCK, A/C 6

4. Statutory Authority Permitting Other than Full and Open 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-

OFOC SOP Revision 10 Page 3 of 4

Revision 10 Date: 09/10/2020

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 – Brand Name.

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

This is a brand name justification for Stryker Procare. Stryker is the only company authorized to provide repair and maintenance service for Stryker brand name products. All repairs pass an FDA-regulated, Stryker-certified quality assurance test and OEM specifications are guaranteed.

Furthermore, Stryker Endoscopy does not sell or make otherwise available to any non-Stryker repair companies new or remanufactured parts for servicing of Stryker equipment. Any parts used by a third-party repair vendor are either non-factory authorized or scavenged from used Stryker components. It is in the Government best interest to acquire this service through a brand name source selection.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Due to the proprietary nature of software upgrades requirement of this action has led to the brand name restriction on this procurement. A combined synopsis/solicitation will be posted to SAM Contracting Opportunities with a SDVOSB set aside.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: There are various other sources for that have been purchased by the VA and IAW FAR 13.106-3 (a)(2)(ii) Comparision of the proposed price with prices found reasonable on previous purchases, the price is determined to be fair and reasonable based the pricing for a Stryker Procare maintenance on a historical action:

36C26020F0202 – Awarded: 01/30/2020 - $136,062.11. The pricing is the annual cost for the Procare plan for instruments.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Limited additional market research was conducted as Stryker Procare Service is the only manufacturer/brand that is able to meet the Government’s requirement. I contacted Stryker to see if they had any small business partners and they provided two SDVOSBs sources: Trillamed and Beacon.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: There are no other facts necessary to support this justification.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Stryker (Large), Trillamed (SDVOSB) and Beacon Associates (SDVOSB).

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: In situations involving complex medical equipment, it is difficult to remove barriers to competition.

However, if the VISN or facility determines that a new system is required, then the market will be surveyed to determine if there are any other sources who could fulfill the requirement.

OFOC SOP Revision 10 Page 4 of 4

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.

Donald Sedacek Chief, Biomedical Engineering Boise VA Medical Center

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 Contracting Officer Network Contracting Office 20 (NCO 20)

RPO West JA Tracker# 2020-09-16T12:05:39

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.

S. Dale Allen Director of Contracting

Network Contracting Office 20 (NCO 20)

c. VHA RPO West HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval (if over $68 million) or approve ($700K to $68 million) for other than full and open competition.

Curtis M. Jordan Executive Director, Regional Procurement Office West Head of Contracting Activity (HCA)

Donald B.

Sedlacek 1397672

Digitally signed by Donald B. Sedlacek 1397672 Date: 2020.09.23 06:53:53 -06'00'

Robert W.

Hamilton 902204

Digitally signed by Robert W.

Hamilton 902204 Date: 2020.09.23 06:11:24 -07'00'

Stephen D. Allen 1565216

Digitally signed by Stephen D.

Allen 1565216 Date: 2020.09.24 10:03:45 -07'00'

Jordan, Curtis M.

(RPO)

Digitally signed by Jordan, Curtis

M. (RPO)

Date: 2020.09.24 15:18:36 -06'00'