P03 - LSJ_Redacted.pdf

VHAPM Part 808.405-6 Limiting Sources Attachment 2: Request for Limited Sources Justification Format >SAT

VHAPM Part 808.405-6 Limiting Sources Page 1 of 4 Original Date: 08/30/2017 Revision 03 Eff Date: 03/18/2021

LIMITING SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID: 36C25221Q0555

(1) Contracting Activity: Department of Veterans Affairs, VISN 12, Edward Hines, Jr.

VA Hospital, Great Lakes Acquisition Center, 578-21-2-969-0033.

(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 is a limiting sources justification for a delivery order of new dental chair and dental delivery system equipment.

Order against: FSS Contract Number: V797D-70087

Name of Proposed Contractor: A-Dec, Inc. (“ADEC”)

Street Address: 2601 Crestview Dr

City, State, Zip: Newberg, OR 97132-9257

Phone: 503-538-9471

(3) Description of Supplies or Services:

This is a request for dental chair and dental delivery system equipment for the Dental

Service at the Edward Hines, Jr. VA Hospital located in Hines, IL. New chairs are for seating dental patients during dental procedures, providing comfort and support while maintaining ergonomic access for the dental provider team. This procurement also includes delivery systems (including cart delivery), assistant’s instrumentation, assistant’s arm cabinet, chair mounts, operators’ stools, and assistants’ stools.

The items to be procured are peculiar to one manufacturer (brand name). Period of performance is a one-time delivery, approximately eight weeks ARO. The estimated value of the proposed action is .

(4) Identify the Authority and Supporting Rationale (see below and if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service).

FAR 8.405-6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays;

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;

VHAPM Part 808.405-6 Limiting Sources Page 2 of 4 Original Date: 08/30/2017 Revision 03 Eff Date: 03/18/2021

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.

With the exclusivity of the existing system and structural requirements of the facility, there are limitations to purchasing an alternative delivery system brand, including a complete remodel of the cabinet system, HVAC, and electrical wiring.

The facility’s current systems have reached their end of life expectancy. The accessories for this system are specific and the replacement of the previous system will be compatible with the accessories in the current inventory. The existing system is integrated into the cabinets and electronic set up and only the same ADEC-branded models will be compatible with the integrated components. The recently-updated overhead light systems have wireless communications that only communicate with the ADEC-branded delivery systems.

Finally, the facility’s Biomedical Department is regularly outsourcing repairs for current equipment. With the systems being past their life expectancy these items are categorized as beyond economical repair. There are also some 33 Dental staff that are trained on the ADEC equipment, and any other dental delivery system would require additional training.

(5) Describe Why You Believe the Order Represents the Best Value:

Replacement of existing system and compatibility with existing accessories/components within the system provide the best value to the Government and Veterans, as it would integrate seamlessly and be used without the need for additional training. In addition, GSA has already determined the prices of supplies and fixed-price services under schedule contracts to be fair and reasonable IAW FAR 8.404 (d).

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

VHAPM Part 808.405-6 Limiting Sources Page 3 of 4 Original Date: 08/30/2017 Revision 03 Eff Date: 03/18/2021

Non-Manufacturer Rule (NMR): This equipment is manufactured in the USA by an other than small business and has NAICS code 339114 assigned. As such, it is not eligible for set-aside or sole source for any socio-economic class of small business under 13 CFR 121.406(a)-(d).

A VIP search was conducted for NAICS 339114 and keywords, “Adec” and “A-Dec.” Zero responses were returned. A search for NAICS 339114 and keyword, “dental” (as in, “dental chairs” or “dental exam tables”) produced 51 results. Only one SDVOSB indicated “Power procedure tables and chairs” but did not specify whether it was for dental chairs.

Another SDVOSB indicated “medical chairs.” A final search for NAICS 339114 and “dental chairs” (with quotes) produced zero results.

The requested equipment is known to be available on VA FSS contract V797D-70087 with A-Dec, Inc., an other than small business. It is also available from one SDVOSB on the open market, identified as an authorized distributor by the manufacturer in market research for a procurement out of NCO 6 (565-21-2-090-0068).

This is a brand name only procurement for A-Dec, Inc. equipment. This justification will be posted with an Intent to Sole Source notification and any resulting award.

(7) Any Other Facts Supporting the Justification:

The NMR limits the use of sole source or set-aside under VAAR 819.70. IAW FAR 8.404(a), Part 19 does not apply to BPAs or orders placed against Federal Supply Schedules contracts. IAW FAR 8.405-5(a)(1), it is up to the discretion of the Contracting Officer whether to set-aside.

(8) A Statement of the Actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made:

NCO 12 will continue to conduct market research to ascertain if there are changes in the marketplace that would enable competition for future actions.

(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.

VHAPM Part 808.405-6 Limiting Sources Page 4 of 4 Original Date: 08/30/2017 Revision 03 Eff Date: 03/18/2021

SIGNATURE DATE

NAME TITLE SERVICE LINE/SECTION

FACILITY

(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.

JIM R. HEDMAN

CONTRACTING OFFICER, NCO-12

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.

PARRIS S. WEIDENBACH

EQUIPMENT TEAM BRANCH CHIEF, NCO-12