P03 LSJ 36C244-21-AP-2340--OverSAT_Redacted.pdf

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID: 36C244-21-AP-2340

(1) Contracting Activity:

Department of Veterans Affairs Network Contracting Office 4 1010 Delafield Road Pittsburgh, PA 15215-1802

Purchase Request (VA2237): 646-21-2-233-0190 (Pending new PR) | Stryker System 8 Drills | VA Pittsburgh Healthcare System (VAPHS), University Drive Campus, University Drive C, Pittsburgh, PA, 15240-1003 | Contracting Agency: Network Contracting Office 4

(2) Description of Action: This acquisition is conducted under the authority of the Multiple-Award Schedule Program (41 U.S.C. 152(3) and 40 U.S.C. 501). This sole source requirement is of emergent need and follows the previous Stryker Surgical Equipment that replaces equipment that is at the end of life cycle. While this acquisition is a follow on to a previous requirement, the equipment suite that the procurement delivers provides extensively more capabilities than provided by previous models.

Order against: FSS Contract Number: V797D-40196

Name of Proposed Contractor: Stryker Corporation Street Address: 4100 E. Milham Road City, State, Zip: Portage, MI 49002 Phone: 844-795-468

(3) Description of Supplies or Services:

The Total Estimated Contract Value is $330,691.32.

This a Sole Source procurement occurring under emergent conditions. The preponderance of this acquisition is on a Federal Supply Schedule 61.94% ($204,688.32) with the remaining parts located on the Open Market 38.06% ($127,003.00). NCO4 intends to pursue this procurement as a Limited Source Justification in accordance with FAR 8.405-6.

VAPHS requires the purchase of 10 Stryker System 8 Drill Systems. Surgical service requires these Drills to perform Orthopedic surgery both urgent and regularly scheduled. System 8 includes the following: 8 dedicated handpiece solutions; Market leading power tool technology; Stryker Precision oscillating tip saw reducing noise, vibration, and arc of excursion; Lithium ion batteries with a 30 day shelf life and no memory effect on the charge compared to nickel cadmium cells; High capacity battery cells last 2 times longer over the course of their total lifespan made for consistent power and uptime; An insulation wrap around the battery cell pack is included to limit thermal damage when exposed to peak temperatures;

Smart Equipment Management (SEM) remote diagnostics to monitor the usage and health of the

FAR 8.405-6(a)(1)(B): Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

FAR 8.405-6(a)(1)(C): In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures.

FAR 8.405-6(b): Items peculiar to one manufacturer:

A patent, copyright or proprietary data limits competition. The proprietary data is:

These are “direct replacements” parts/components for existing equipment.

The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing.

(5) Describe Why You Believe the Order Represents the Best Value consistent with FAR 8.404(d) to aid the contracting officer in making this best value determination:

NCO4 and customer reviewed VA Strategic Acquisition Center (SAC) Mandatory contracts for Stryker System 8 Surgical Saws Bone Cordless, Contract: 36C10G21D0009. The customer purchased $249,546.52, six items of the original 27 items, as a mandatory acquisition. The SAC contract is with Trilla-Med, an SDVOSB Vendor, and an authorized distributor for the Original Equipment Manufacturer (OEM), Stryker. NCO4 and the customer consulted the Electronic Catalog (ECAT) for pricing and availability of items specified by this requirement. Eighteen items were available for acquisition through ECAT at a $336,663.64. As the pricing exceed the SAT, purchasing the equipment via ECAT through VAPHS Logistics is not a valid option.

The ECAT Contract establishes the SDVOSB Vendor, as the authorized vendor for acquisitions less than or equal to $250K. Because this requirement is over the SAT this option was not viable. The OEM, Stryker Instruments maintains a Federal Supply Schedule (FSS) Contract V797D- 40196 in FSC Group 65, Part II, Section A. This contract accounts for 61.94% ($206,688.32) of the required items. The remaining items, 38.06% ($127,0003.00), will be listed as open market items on the resulting award.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted.

NCO4 conducted the following Market Research for this requirement:

Other Market Research Reviewed: NCO4 is conducting similar acquisition at the Wilkes-Barre VA Medical Center. Information gleaned during the market research for a similar Stryker Medical Equipment buy was leveraged in this review.

VA Vendor Information Pages (VIP) database: NCO4 searched the VIP database (04-08-2021) using NAICS Code 339112 and the search terms “System 8” and “Stryker”. The search yielded no results.

(9) 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. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4.

Andrea Thomas, ST Logistics Management Specialist

VAPHS

ANDREA L.

THOMAS 328146

Digitally signed by ANDREA

L. THOMAS 328146

Date: 2021.04.19 08:10:04 -04'00'

(10) Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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

Mark E. Murray Ronald J. Kline Contract Specialist Contracting Officer

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

Gregory Wizar Branch Chief Commodities 2

Gregory M.

Wizar 1398639

Digitally signed by Gregory M. Wizar 1398639 Date: 2021.04.16 10:19:11 -04'00'

MARK E.

MURRAY

1083666

Digitally signed by

MARK E. MURRAY

1083666 Date: 2021.04.16 13:59:22 -04'00'

RONALD J.

KLINE 152627

Digitally signed by

RONALD J. KLINE

152627 Date: 2021.04.19 08:14:15 -04'00'