P03 - SSJ -819.7007 - Stealth Station - Redact_Redacted.pdf

Request for SDVOSB/VOSB Sole Source Justification Format >SAT 36C247-21-AP-4438

VHAPM Part 819.7007/7008 Page 1 of 5 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: 36C247-21-AP-4438

1. Contracting Activity: Department of Veterans Affairs (VA), Veterans Integrated Service Networks

(VISN) 07, Atlanta VA Medical Center, 508-21-4-299-0304.

Networking Contracting Office 7 - Augusta 501 Greene Street Hatcher Building – Suite 2 Augusta, GA 30901

2. Nature and/or Description of the Action Being Approved:

This is a new firm-fixed-price (FFP) contract for one (1) Medtronic Stealth Station Navigation System, software, and accessories for the Atlanta VA Medical Center.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

Total Estimated Value:

This requirement is for the following equipment/supplies plus delivery, with the estimated delivery date being sixty (60) days after receipt of order (ARO):

O-Arm O2 Base Unit 1 Config O2 System Navigation Interface 1 Kit MVS Printer Option 1 Config O2 Multiple Field of View 1 Config O2 Advanced Viewing 1 Config O2 ISO-WAG Rotation 1 Config O2 Collimated Axial 3D 1 Config O2 Enhanced Cranial 3D - EC3D 1 Config O2 High Definition 3D - HD3D 1

Stealth Station S8 System - New 1

Stealth Station EM Kit S8 Cranial Accessories 1 Stealth Station Cranial Software 1 Stealth Station 3D Software 1 Stealth Station merge Software 1 Stealth Station Spine Software 1

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(5), 38 US 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

VHAPM Part 819.7007/7008 Page 2 of 5 Original Date: 08/30/2017

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):

Veterans’ Healthcare Supply Solutions (VHSS) is a service-disabled veteran-owned small business (SDVOSB) with a long history of successfully providing medical equipment, specifically Medtronic, to the VISN 7 facilities. VHSS has successfully provided recent requirements such as a Medtronic Endo-Flip System under contract # 36C24721P1216 and an Ear Analyzer under 36C24721P1220.

The authority stated in section 4 allows sole source awards to SDVOSB/VOSB based on 38 USC 8127(c) and that the SDVOSB/VOSB concern has been determined to be a responsible source with respect to performance. VHSS meets the eligibility requirements in Veteran Affairs Acquisition Regulations (VAAR) 819.7003.

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:

A sources sought notice was posted to the Government Point of Entry (GPE) beta.SAM on 08/31/2021 and closed 9/02/2021 at 9:00 AM Eastern Time (ET) under notice number 36C24721Q1247. The sources sought notice resulted in two (2) SDVOSB’s interested in providing the requirement. The vendors also provided authorized distributor letters from the manufacturer. The responders are the following:

BUSINESS NAME SIZE VIP VERIFIED CONTACT

Marathon Medical SDVOSB Yes

Veterans’ Healthcare Supply Solutions

SDVOSB Yes

One (1) SDVOSB was contacted, resulting in the Vendor Information Pages (VIP) search; however, there was no response.

BUSINESS NAME SIZE VIP VERIFIED CONTACT

L1 Enterprises Incorporated

SDVOSB Yes

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

Reasonable:

The Contracting Officer (CO) anticipates the Government will be provided a fair & reasonable price.

The price will be compared to the parts available on the National Acquisition Center High Tech Medical Equipment Contract for Medtronic, SPM2D1 13 D 8307. The price will also be compared to the quoted market research pricing of the manufacturer.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

Techniques Used in Conducting Market Research:

Vendor information portal (VIP) A search was conducted on VIP using NAICS 339112 keyword Medtronic for service-disabled veteran-owned small businesses (SDVOSB)’s and veteran-owned small businesses (VOSB)’s capable of performing this requirement.

VHAPM Part 819.7007/7008 Page 3 of 5 Original Date: 08/30/2017

Sources Sought Notice A sources sought notice was posted to the Government Point of Entry (GPE) beta.SAM on 08/31/2021 and closed 9/02/2021 at 9:00 AM Eastern Time (ET) under notice number 36C24721Q1247.

General Services Administration (GSA) Multiple searches were conducted on GSA utilizing the keyword Stealth Station.

Government-Wide Agency Contract (GWAC):

National Acquisition Center (NAC): A search was conducted on the (NAC) High Tech Medical Equipment (HTME) contracts.

Results of Market Research:

VIP Results: The search on VIP resulted in one (1) SDVOSB; however, capability to perform this service cannot be determined solely from these results. The vendor was reached to inquire about their interest in the requirement, but no response was provided.

Sources Sought Notice Results: The sources sought notice resulted in two (2) SDVOSB’s interested in providing the requirements. In addition, the vendors also provided authorized distributor letters.

Business Name Size VIP Verified Contact Marathon Medical SDVOSB Yes Gillian Reid

Veterans’ Healthcare

SDVOSB Yes Greg Pierce

GSA Results: Findings resulted in no business with the capability of providing the stealth station system through GSA.

GWAC:

NAC: Findings resulted in parts of the requirement capable of being fulfilled under Medtronic’s NAC HTME contract; however, they did not carry the entire system. When the service line reached out to the NAC about ordering, they were told the system could not be provided through the contract, only components.

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

This equipment is replacing older obsolete Medtronic equipment currently in use at the facility. The use of similar but new equipment will cut the training time down for staff and timeframe of treating patients with the latest equipment.

Except what is noted above, there are no other facts outside of the use of the authority provided by 41 USC §3304(a)(5), 38 US Code § 8127(c), as implemented by FAR 6.302-5 (Authorized or Required by Statute) 819.7007 Sole source awards to a verified SDVOSB’s

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

BUSINESS NAME SIZE

Marathon Medical SDVOSB

Veterans’ Healthcare SDVOSB

VHAPM Part 819.7007/7008 Page 4 of 5 Original Date: 08/30/2017 Revision 03 Eff Date: 04/03/2020

Medtronic USA, Inc. Large

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:

The Department of VA will continue to seek additional vendors capable of providing like requirements in future procurements. The VA will also conduct all necessary market research as required by FAR Part 10 and the Veterans First Contracting Program while using the market research results from this requirement on future like procurements.

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.

09/02/2021 Date

Supervisory Medical Administrative Specialist Atlanta VA Medical Center

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

Contracting Officer

VISN 7

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.

Supervisory Contract Specialist VISN 7 – Network Contracting Office 7

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c. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval (if over $68 million) or approve ($700K to $68 million) for other than full and open competition.

Executive Director Regional Procurement Office - East