P03 - PM_Part819.7007-7008_Atch1_FAR6_JA_OVER_SAT - 659-21-1-098-0005 (Redacted).pdf

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

VHAPM Part 819.7007/7008 Original Date: 08/30/2017 Revision 03 Eff Date: 04/03/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C246-21-AP-0743

1. Contracting Activity: Department of Veterans Affairs, VISN 06, Hampton VA Medical Center, 100 Emancipation Drive, Hampton, VA 23667, Purchase Request No. 659-21-1-098-0005.

2. Nature and/or Description of the Action Being Approved: The W. G. Hefner Salisbury VA

Medical Center has a new requirement to purchase equipment that had been rented for two years should be converted to a purchase of the equipment at a reduced cost to the government. In addition, The Salisbury VAMC has standardized to these items to ensure compatibility with existing inventory.

The standardization of this equipment will allow for continuity of standard operating procedures for the clinical staff. The Contracting Officer believes that the most advantageous acquisition strategy for the government is to pursue a Single-source, firm-fixed-price, open market IAW VAAR 819.7007.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The W. G. Hefner Salisbury VAMC, 1601 Brenner Avenue, Salisbury, NC 28144, The Surgical Service has a requirement to procure one (1) AquaBeam Robotic System for $206,000.00 and one (1) Apogee Ultrasound Set for $44,500.00; making the total estimated value of this acquisition $250,500.00. This is a one-time buy.

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(5), 38 U.S. Code § 8127(c), as implemented by FAR 6.302-5 (Authorized or Required by Statute). COs may use the non-competitive (sole source) procedures authorized in VAAR 819.7007 or 819.7008 up to $5,000,000. Check the specific VAAR clause used below:

(X) 819.7007 Sole source awards to a verified service-disabled veteran-owned small business; or ( ) 819.7008 Sole source awards to a verified veteran-owned small business

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

Requires the Use of the Authority Cited Above (applicability of authority): The AquaBeam Robotic System is an ultrasound-guided surgical robot utilizing automated tissue resection for the treatment of LUTS due to benign prostatic hyperplasia (BPH). The AquaBeam Robotic System, delivering Aquablation therapy, couples sophisticated design with high-tech robotics, allowing more surgeons to help a wider range of patients get optimal results. Regardless of prostate anatomy, resection times are short and consistent, paving the way for greater procedural predictability.

Aquablation therapy, is the first FDA granted surgical robot providing autonomous tissue removal for the treatment of BPH. Aquablation therapy combines the clarity of real-time, multi-dimensional imaging, autonomous robotics and heat-free waterjet ablation for targeted, controlled, and immediate removal of prostate tissue for the treatment of lower urinary tract symptoms caused by BPH. The AquaBeam Robotic System’s Manufacturer (PROCEPT BioRobotics) has identified Alliant Healthcare Products as its exclusive SDVOSB partner and distributor for all PROCEPT products sold to federal government health care facilities.

6. 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 subpart 5.2 and, if not, which exception under 5.202 applies: The AquaBeam Robotic System’s https://www.acquisition.gov/content/part-5-publicizing-contract-actions https://www.acquisition.gov/content/part-5-publicizing-contract-actions https://www.acquisition.gov/content/part-5-publicizing-contract-actions

Original Date: 08/30/2017

Robert L. Digitally signed by Robert L.

Forrest 986745

Forrest 986745 Date: 2020.12.04 12:37:11 -05'00'

Manufacturer (PROCEPT BioRobotics) has identified Alliant Healthcare Products as its exclusive SDVOSB partner and distributor for all PROCEPT products sold to federal government health care facilities.

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

Reasonable: The AquaBeam System is on Alliant’s ECAT, Contract No. SPE2D1-20-D-7008.

However, the way in which the system is quoted the Salisbury VAMC differs from the way the system is presented on ECAT. This is because the Salisbury VAMC has had use of the system from before when the AquaBeam system was on contract and before we had access to the Apogee Ultrasound Set. The Product Codes quoted the Salisbury VAMC are equivalent to the AB200T, which sells on our ECAT Contract for $343,500.00. The total for the items quoted Salisbury equals $343,500.00 but then we subtracted the rental fees ($84,000.00) and applied an additional discount ($9,000.00) for a total credit of $93,000.00, which leaves a balance of $250,500.00.

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

Market Research Was Not Conducted: Market Research and discussions with the OEM reveals that the OEM and their only authorized distributor have a no-compete agreement in place. The only way to purchase the required equipment is through the authorized distributor, Alliant Healthcare Products. The VA Rule of Two cannot be met for the acquisition. The Contracting Officer believes that the most advantageous acquisition strategy for the government is to pursue a Single-source, firm-fixed-price, open market IAW VAAR 819.7007.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None IAW authority provided in 38USC 8127 (c).

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Alliant Healthcare

Products

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:

N/A

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.

(This signature is the requestor’s supervisor, fund control point official, chief of service, someone with responsibility and accountability)

Robert Forest Date Chief - Supply Chain Management

NCO6 - SBYVAMC

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: This part if filled out by

Contracting Staff as part of the Justification https://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx

Original Date: 08/30/2017

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.

Digitally signed by Marca T. Parent 351311 Date: 2020.12.04 14:58:55 -05'00'

Marca Parent Date Branch Chief - Supply II/Prosthetics

NCO 6

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding

$700K): I certify the justification meets requirements for other than full and open competition.

NEWMAN

254911

Digitally signed by KEESHIA R

NEWMAN 254911

Date: 2020.12.04 15:05:59 -05'00'

Keeshia Newman Date Chief - Division 1

NCO 6

Marca T. Parent

KEESHIA