P03 - LSJ over SAT_ Open Market.pdf

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format >SAT

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 3 Revision: 02 Effective Date: 04/15/2023

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID – 36C262-23-AP-6407

1. Contracting Activity: Department of Veterans Affairs, Network/Program Contracting Office 22, Supply 4, Located at Long Beach, CA, in support of VISN 22, VA West Los Angeles Medical Center, Greater Los Angeles Healthcare System. (2237: 691-23-3-685-0454).

Nature and/or Description of the Action Being Approved: NCO 22 Supply is attempting to award a firm fixed-price supply contract with an SDVOSB distributor to deliver specific brand dental equipment through an open market, SDVOSB set-aside competition with a brand name only limitation of sources under FAR 6.302-1.

2. Description of Supplies/Services Required to Meet the Agency’s Needs: The requested STRYKER handpieces and related parts are to be used as replacement parts for existing equipment at VA West LA Medical Center for complex oral procedures. These drills are essential to the practice of oral and maxillofacial surgery and are used in about 75% of VAGLAHCS West LA Medical Center’s dental department procedures.

3. Statutory Authority Permitting Other than Full and Open Competition:

(X)FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

4. Demonstration that the Contractor’s Unique Qualifications and/or Nature of the Acquisition

Requires the Use of the Authority Cited Above (applicability of authority): VAAR 819.7008 (DEVIATION) and VAAR 819.7009 (DEVIATION): Required items are peculiar to one manufacturer and must be compatible in all aspects with existing systems presently installed/performing at VAGLAHCS, West LA Medical Center, Dental Service.

5. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies: Market research was conducted, including research of government databases (Vetbiz, SBA Database, GSA Advantage, & VA NAC), and publishing an open market source sought notice to acquire interested and capable vendors.

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

Reasonable: The fairness and reasonability of price is already determined by GSA and VA NAC

(65IIA/A-8B & V797D-40196).

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

Market Research Was Not Conducted: Sources Sought Notices - Requests for Information (RFI) SAM.gov | Contract Opportunities:

https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202 https://sam.gov/content/opportunities

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 3

Effective Date: 04/15/2023

i. Open Market sources sought notice requesting interested vendors posted as 36C26223Q1460 through Contract Opportunity (SAM.gov). Identified one SDVOSB vendor and one unclassified vendor.

b. SBA Dynamic Small Business Database at: SBA - Dynamic Small Business Search:

i. Search under NAICS 339112 & Keyword ‘Stryker’ identified zero result.

c. VA Vendor Information Pages (VIP) https://www.vetbiz.va.gov (including any information supporting price reasonableness):

i. 217 SDVOSB/VOSB vendors identified under NAICS code 339114, Dental Equipment and Supplies Manufacturing (750 Employees).

d. Other Government Contract/Wholesale Supply Sources:

i. GSA Contract # V797D-40196 (End: 06/30/2024), / MAS SIN # 65IIA/A-8B.

e. Other:

i. Authorized distributor list from Stryker’s MedSurg Group reviewed.

ii. 5 SDVOSBs were identified.

f. Results of Market Research:

i. Market Research identified sole manufacturer of required item and Six SDVOSB distributors as interested contractors of required Stryker Dental Equipment.

8. Any Other Facts Supporting the Use of Other than Full and Open Competition: None.

9. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

a. Stryker

b. Zulco International Inc.

c. Lovell

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:

a. None.

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.

Delphia Matthews Program Support Assistant GLA Dental

12. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

https://web.sba.gov/pro-net/search/dsp_dsbs.cfm https://www.vetbiz.va.gov/ https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM2/VHAPM_Part_806.3.aspx

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 3 of 3

Effective Date: 04/15/2023

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.

Peter Kim Contracting Officer

NCO 22

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.

David Chakka NCO 22 Division Chief