PM_Part813.5_Atch1_FAR13.5_JA_OVER_SAT.pdf

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

36C247-22-AP-1680

PM Part 813.5 SAP for Certain Commercial Items Page 1 of 3 Original Date: 08/30/17 Revision 03 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C247-22-AP-1680

1. Contracting Activity: Department of Veterans Affairs, VISN 07, Birmingham VA Medical Center, Purchase Request Number (2237) – 521-22-3-125-0167.

2. Nature and/or Description of the Action Being Processed: This procurement is for maintenance and support services for the Medronic Stealthstation S7 system, Medtronic Stealthstation S8 System SSA: MX 2472977, Model Stealthstation S8, Medronic Stealthstation S8 Main Cart, Asset:

MX2472916, SN: N30475338 in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where 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 will be for a Firm Fixed Price Contract with a 1 year base period and 4 one year option periods. Doing a contract with options will save the Government in cost of reprocuring this service annually. The proposed contractor will be Medtronic. It is estimated the award date will be on or before April 18, 2022.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This contract is for service and maintenance to cover Medronic Stealthstation S7 system, Medtronic Stealthstation S8 System SSA: MX 2472977, Model Stealthstation S8, Medronic Stealthstation S8 Main Cart, Asset:

MX2472916, SN: N30475338, located at the Birmingham VA Medical Center located at 700 19th Street South, Birmingham, AL 35233 The estimated award amount is for $69,530.00 base year and $347,650.00 for the 5 year total value. The period of performance is expected to be from April 18, 2022 through April 17, 2023 with the ultimate completion date of April 17, 2027.

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

PM Part 813.5 SAP for Certain Commercial Items Page 2 of 3

Revision 03 Date: 02/11/2021

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

Medtronics is the manufacturer and sole distributor of the Stealthstation surgical system, including the associated hardware components, applicable licensed software applications and surgical instrumentation. These systems and instruments are complex medical devices subject to regulation by the Food and Drug Administration. As such Medronics does not authorize the repair or service of these Medronics products by customers or third parties, including the loading and reloading of software and does not authorize any customers or third parties to perform service or repair.

Medronics cannot guarantee the proper performance or results of its system if unauthorized service, repair or modification to these Medrtonic products and any unauthorized service, repair or modification will void existing warranties and service agreements. In accordance with 41 U.S.C.

A§3304(a)(1) as implemented by FAR 6.302-1 Only One Responsible Source. Applicable NAICS: 811219, Other Electronic and Precision Equipment Repair and Maintenance.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Soliciting from SDVOSB or any other social economic category to perform as a pass through to subcontract Medtonics would add unnecessary costs for the Government.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The contractor was found on an FPDS search to have been awarded contracts for other VA Medical Centers to perform the same services and pricing is in the same range. The Department of Labor Wage Rate will be included in the contract.

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

Market Research Was Not Conducted: The intent to Sole Source was posted to FBO and received no responses from potential interested parties.

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

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: The intent to Sole

Source was posted to FBO and received no responses from potential interested parties.

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 ongoing to find out if the market changes and any cost savings become available for these services.

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.

Mathew Raggio Date Biomedical Engineer

PM Part 813.5 SAP for Certain Commercial Items Page 3 of 3

Revision 03 Date: 02/11/2021

Birmingham VAMC

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.

Gracelyn James Date Contracting Officer

NCO 7

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 7

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