P03 - SSJ.pdf

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J065--36C26225C0010 - Sole Source Award Notice Federal contract opportunity
Solicitation number
36C26225C0010
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 22

About this file

This document is a Justification and Approval (J&A) for Other Than Full and Open Competition (OFOC) for a maintenance and service agreement supporting the Southern Arizona VA Healthcare Systems' Zeiss imaging and visualization devices and systems.

The procurement is a new, base plus three-year firm-fixed price contract valued at $399,336.52. The contractor, PROAIM AMERICAS, LLC, is the only responsible source authorized by the original equipment manufacturer, Carl Zeiss Meditec, Inc., to maintain and service the equipment. Replacing the equipment is not feasible and would cause interruptions to veteran care. The contracting officer determined the pricing is fair and reasonable based on comparisons to previous purchases and the independent government estimate. The VA will continue to conduct market research for future procurements, but PROAIM is the sole distributor of Zeiss equipment and services at this time.

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Attachment 1: Request for Sole Source Justification Format >SAT

Page 1 of 3VHAPG Part 806.3 OFOC Revision: 03 Effective Date: 04/15/24 Acquisition ID#:

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C262-24-AP-5092

1. Contracting Activity: Department of Veterans Affairs (VA) Department of Veterans Health Administration (VHA) Network Contract Office (NCO) 22 Southern Arizona VA Healthcare System (SAVAHCS)

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

This procurement supports Southern Arizona VA Healthcare Systems (SAVAHCS) need to maintain and service its Zeiss imaging and visualization devices and systems. This is in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, when acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2.

This is a new, base plus three (3) year firm-fixed price maintenance and service agreement.

The maintenance and service agreement includes all labor, supervision, parts, and transportation to service and maintain the equipment/systems as provided for in the contract agreement. Preventative Maintenance (PM) will be accomplished in accordance with the Original Equipment Manufacturer (OEM) recommendations. The contractor must use OEM certified parts and service engineer/technicians must be OEM trained on all equipment to ensure functionality. The 2237 supplied to fund this acquisition is numbered 678-25-1-221- 0004.

3. :

The maintenance and service agreement supporting SAVAHCs Zeiss equipment and systems is required from October 1, 2024 to September 30, 2029.

Pricing Base Year $99,834.13 Option Year 1 $99,834.13 Option Year 2 $99,834.13 Option Year 3 $99,834.13 Total Contract Value $399,336.52

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

Page 2 of 3VHAPG Part 806.3 OFOC Revision: 03 Effective Date: 04/15/24 Acquisition ID#:

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;

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

Carl Zeiss Meditec, Inc. is the OEM and only source certified to maintain and service its equipment and systems commercially. However, Zeiss does not sell nor service equipment and systems directly to the Federal Government. Zeiss instead only authorizes a Small Dis- Adv distribute and service its equipment and systems. Carl Zeiss Meditec, Inc. technicians are the only authorized technicians granted access to service and repair equipment to guarantee SAVAHCSs equipment can meet the standards required to operate and will perform installation and servicing when required for PROAIM. Additionally, replacing its imaging and visualization equipment to meet competition requirements is not feasible, and would cause unnecessary interruptions and potential delays to veteran care.

Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

IAW FAR 13.106-501(a)(1)(iii), Special Documentation Requirements, Contracting Officer will make justifications required by FAR 6.305(a) publicly available within 14 days after contract award. The VA will continue to conduct market research for the maintenance of imaging and visualization equipment and systems. However, PROAIM

SAVAHCS at this time.

Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable:

Fair and reasonable pricing will be determined IAW FAR 13.106-3(a)(2). Pricing will be evaluated to be fair and reasonable based on comparison of the proposed prices found reasonable on previous purchases, a comparison with similar items in a related industry, and a comparison to the Independent Government Estimate (IGE).

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

A mandatory review of the Vendor Information Pages database found 262 verified SDVOSB and VOSB entities under NAICS 811210. Market Research was then restricted to PROAIM is the sole distributor of Zeiss equipment and services, as evidenced by a sole-source letter from Carl Zeiss Meditec, Inc. stating that only their Field Service Engineers (FSEs) and authorized representatives are allowed to service and maintain its equipment and systems.

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

None.

Page 3 of 3VHAPG Part 806.3 OFOC Revision: 03 Effective Date: 04/15/24 Acquisition ID#:

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

16024 Manchester Road, Suite 200, Ellisville, MO 63011

DUNS: 962568338

EIN: 27-2578777

Cage Code: 60B94

SAM UEI: KECHQ6LN3HN7

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 VA will continue to conduct market research for the maintenance of imaging and

Medical is the only capable firm of providing services for SAVAHCS at this time.

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.

Richard Harker Date Deputy Chief, Healthcare Technology Management

SAVAHCS

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

a. Contracting Officer Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Mayte Diaz Date Branch Chief

NCO 22

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.

Jarrod Washington Date Services Division Chief

NCO 22

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