P03-PG_Part806.3_Atch7_FAR6_JA_OVER_SAT.pdf

Attachment 7: Request for Sole Source Justification Format >SAT

VHAPG Part 806.3 OFOC Page 1 of 3 Revision: 01 Effective Date: 04/01/23

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C247-23-AP-1871

1. Contracting Activity: Department of Veterans Affairs, VISN 07, Birmingham VA

Medical Center, 700 19 Street S. Birmingham AL 35233. Purchase Request i.e.

2237 number 521-23-3-237-0307.

2. Nature and/or Description of the Action Being Processed: The current Covidien electrosurgical units are end of life and require replacement. The units are used during surgical procedures to stop bleeding and cutting of surgical tissue.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Covidien FT10 energy platform delivers precise amounts of energy with improved performance for faster sealing and cutting times. The Built-in smart TissueFect, on the Covidien FT10, is a tissue sensing technology that improves the speed and consistency of current hand-held devices by reading tissue composition in real-time.

TissueFect, on the Valleylab FT10 examines device performance 434,000 times per second, monitoring tissue impedance and allowing effective and efficient energy delivery. The Medtronic FT10 provides RF energy for monopolar and bipolar surgical applications as well as tissue-fusion and vessel-sealing applications. The Touchscreen is divided into four sections for user input and viewing capabilities.

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

(X ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4

( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the

Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

Covidien units that are currently being used are highly specialized and exiting units have a trade in value and are being traded. Substantial duplication of cost to the https://www.somatechnology.com/pdfFiles/Medtronic-Covidien-Valleylab-FT10-Energy-Platform.pdf https://www.somatechnology.com/blog/products/medtronic-valleylab-ft10-energy-platform-esu/

VHAPG Part 806.3 OFOC Page 2 of 3

Effective Date: 04/01/23 government is not expectd to be recovered through competition that would cause unacceptable delays to fulfill the Govenments need.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: There is a SDVOSB who is an authorized distributor of the products and is capable of providing a reasonable price to the government.

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

Reasonable: The SDVOSB Authorized Distributor was found on FPDS to have similar purchase orders from other VA Medical Centers and can be found fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Research conducted via internet search identified the Covidien Force Bovie being used in perioperative and minor surgery theatres. The market research concluded there is a SDVOSB authorized distributor of the units that can provide replacements of the current end of life Covidien electrosurgical units at the station.

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

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

Veterans Healthcare Supply Solutions, 2615 Port Industrial Dr. Suite 405, Jacksonville, FL. 32226 904-638-5519

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: Market Research will be conducted to see if any changes have occurred in the market place.

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.

Herschel Holden Date OR Business Manager Birmingham VA Medical Center

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

08/17/2023 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx

VHAPG Part 806.3 OFOC Page 3 of 3

Effective Date: 04/01/23

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.

Benford Brundage Date Contracting Officer

NCO 07

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.

Michael Tempero Date Branch Chief

NCO 07