Sole Source Justification 36C248-24-AP-1039.pdf

Attachment 1: Request for Sole Source Justification Format >SAT

VHAPG Part 806.3 OFOC Page 2 of 4 Revision: 03 Effective Date: 04/15/24 Acquisition ID#: 36C248-24-AP-1039

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 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;

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

Only One Responsible Source (FAR 6.302-1) – The equipment that is required for Radiation Oncology, Medicine Service and Surgery service is only available from Olympus America, Inc. The equipment must be compatible in all aspects with the existing towers that are currently located in our facility. Only Olympus manufactured scopes have the capability to communicate with the existing Olympus Towers with Patents 11488291, 11488311, and 20220343503.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Olympus America Inc, is the only company capable of providing the the needed scopes as listed above, without OVAHCS experiencing substantial duplication of cost that would not be expected to be recovered through compeititon. The only authorized contractor of Olympus scopes is Olympus America Inc.

South Florida/North Georgia completed the presolicitation notice, 36C24824R0025_01 on January 12, 2024 and received responses for vendors interested in selling scopes which was not the requirement, and one interested party to lease the Scopes, Olympus America Inc. On February 6 they released an unrestricted solicitation, 36C24824R0025, for Scope Lease program and only received one response, from Olympus America Inc for the required scopes.

An Intent to Sole Source, 36C24824R0120_1 was issued by Orlando Contracting on June 7, 2024 and no responses were received.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Lease pricing is available on FSS contract 36F79721D0168 and the maintenance pricing is listed on the Olympus published price list. It is anticipated that Olympus America Inc. will continue to offer a discount to the VA as they have historically done.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: South Florida/North Georgia completed

VHAPG Part 806.3 OFOC Page 3 of 4 Revision: 03 Effective Date: 04/15/24 Acquisition ID#: 36C248-24-AP-1039

Attachment 1: Request for Sole Source Justification Format >SAT the presolicitation notice, 36C24824R0025_01 on January 12, 2024 and received responses for contractors interested in selling scopes which is not the requirement, and one interested party to lease the Scopes, Olympus America, Inc. On February 6 they released an unrestricted solicitation, 36C24824R0025, for Scope Lease program and only received one response, from Olympus America, Inc. for the required scopes. Only Olympus America, Inc.

can provide the rental scopes. Furthermore, Olympus America, Inc. does not authorize any SDVOSBs/VOSBs or small business to rent or lease their equipment. An Intent to Sole Source was issued by Orlando Contracting on June 7, 2024 and no responses were received.

Market Research confirmed that there are no authorized SDVOSB/VOSBs and Small Businesses authorized to lease the required scopes and provide the preventative maintenance required per the leasing agreement. It is in the Best interest of the Government to Solicit this requirement directly from Olympus America Inc.

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

None

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

Olympus America, Inc.

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: When the Tower Lifecycle comes to an end, we will re-evaluate the requirement and possibly seek competition.

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.

Santrevus Albertie Date Administrative Officer Radiation Oncology

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.

Marie Smith Date Contracting Officer NCO-8 Orlando