P03 Sole Source over 250K 626-23-2-2150-0018 Final.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification >SAT-$7.5M under FAR13.5

Effective Date: 02/01/2022 Page 1 of 3

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C249-23-AP-1916

1. Contracting Activity: Department of Veterans Affairs; NCO 9 1639 Medical Center Pkwy Suite 400

Murfreesboro, TN 37129, and Tennessee Valley Medical Center 1310 24th Ave South Nashville, TN 37212. 626-23-2-2150-0018.

2. Nature and/or Description of the Action Being Processed: This activity proposes to issue sole source contract awarded to DATA SCIENCES INTL INC for the purchase of DSI Ponemah Telemetry System at Tennessee Valley VAMC. Estimated Dollar Value: $332,036.85

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The product being purchased is a Ponemah System for the measurement of blood pressure in mice. DSI will provide continuing servicing. The machines, platforms, and hardware in addition to the supplied computer system will be supplied by DSI. This is the sole source of telemetry devices for the invasive measurement of blood pressure in mice. The system has the capacity to provide real-time blood pressure tracings, heart rate analysis, and animal activity for 20 animals simultaneously. There is not another example of this technology for purchase.

4. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

(X) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): DSI developed and continues to supply support and warranty to it’s systems with proprietary tools, operations, and technology. The equipment and software purchased, the DSI Ponemah System, is a highly specialized equipment system that requires specialized services from the manufacturer. There is no additional duplication of cost or unacceptable delays anticipated.

The proposed vendor has supplied a propriatry letter stating they are the sole manufacuruer and distributor. The DSI Ponemah system is a unique system that allows for the real-time measurement

Effective Date: 02/01/2022 Page 2 of 3 of blood pressure in mice. The system consists of radio-telemeters that are attached to a canula to be placed within the carotid artery of mice. These are implanted surgically. The radiotelemeter communicates to a platform and relays hemodynamic information through a system of routers to a central computer and software system that interprets, records, and synthesizes the data for further analysis. These procedures are routinely performed in the laboratories at TVHS Nashville and are approved by the VA Institutional Animal Care and Use Committee.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Market research techniques included reviewing current literature and the available radiotelemetry systems offered by competing sources. The included evaluation of radiotelemetry systems from Data Sciences International (DSI), STARR Life Sciences Corp., and KAHA Sciences. The technology and service provided by DSI is not available from these additional sources.

Specifically, KAHA does not provide devices for the measurement of blood pressure, a requirement for the completion of currently funded research at TVHS Nashville. Similarly, telemetry devices from STARR Life-Sciences measure only heart rate, temperature, and gross motor activity. Blood pressure measurement is again not a capability of devices and systems from STARR Life-Sciences. Finally, the purchased system must be compatible with technology already present at TVHS Nashville. 36 DSI telemeters were purchased for use on the DSI Ponemah system. These are not compatible with the system available from separate vendors.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The costs are anticipated to be fair and reasonable based on comparison of the quote to the Independent Government Cost Estimate (IGCE), comparative evaluation of quote received from DSI and a fair and reasonable determination will be documented prior to award.

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

Market Research Was Not Conducted: DSI is the sole manufacturer of all DSI technology and is headquartered in St. Paul, Minnesota, USA. DSI is the only company in the United States authorized to sell the full product portfolio; Large and small subject telemetry, Buxco respiratory solutions and Coulbourn/Panlab behavioral system. This includes our physiologic monitoring platforms, associated software and devices for all species. DSI’s proprietary software, Ponemah and Neuroscore, are both solely owned and developed by DSI. DSI has produced research technology for over 30 years and established R&D and manufacturing efficiencies that enable DSI to provide market leading products at high volume and unmatched quality standards.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Propriatary letter provided and submitted.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Due to the vendor being the sole supplier and manucfucurer there were no other sources that expressed and interest.

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: Market research will be conducted for future procurements to determine if competition can overcome the barriers that have been identified in this document.

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, Effective Date: 02/01/2022 Page 3 of 3 which are included in the justification, are accurate and complete to the best of my knowledge and belief.

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

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.

Scott Dickey Date Contracting Officer

NCO 09

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.

John McComas Date Supply East Branch Chief

NCO 09

07/10/2023 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx