6515--Intent to Sole Source; CystoNephro Videoscopes

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Notice of Intent to Sole Source

The Department of Veterans Affairs, NCO 6 intends to award a sole source, FFP, Purchase Order to Alliant Healthcare., for the procurement/purchase of the Olympus HD Flexible Cysto-Nephro Videoscopes and accessories to be supplied at the Asheville VAMC, 1100 Tunnel Rd, Asheville, NC 28805. The North American Industry Classification System (NAICS) for this requirement is 339112 with a small business size standard of 1000 Employees.

The Contractor shall provide the following;

Number

Item

Part Number

Quantity

Unit

0001

Flex CystoNephro

Videoscope

CYF-VH HD

23

EA

0002

TSC W/

POWER CORD (EN)

OTV-S200

2

EA

0003

27" 4K SURGICAL

FIELD DISPLAY

ISM-1005321

2

EA

0004

TC-C3 TROLLEY SET

3 US/CA

K10030136

2

EA

0005

REAR PANEL

MAJ-2148

2

EA

0006

Luer-Split,CYF/URF IRR

MAJ-2092

23

EA

0007

Seal Kit, 6-12Fr,

12/Box

CS-B612

4

BX

0008

Aptimax Sterrad

Sterilization Tray

13839

23

EA

0009

APTIMAX STERRAD Ster. Tray Mat

99239

23

EA

0010

APTIMAX STERRAD Ster. Tray Holder

99240

23

EA

The government intends to solicit from only one source under the authority of FAR 13.106-1(b), Soliciting from a Single Source. This notice of intent is not a request for competitive quotes; however, interested parties may identify their skill and ability by sending capability statements in reference to this requirement no later than Wednesday, December 21, 2022 by 2:00p.m. EST to Jerry.Mann@va.gov.

Interested firms must indicate whether they are a large, small, small-disadvantaged, 8(a) or woman owned business. If your firm is a Service-Disabled Veteran Owned or Veteran Owned Small Business, you must be CERTIFIED in VetBiz (see internet site:Â http://vip.vetbiz.gov). Also indicate whether the vendor is U.S. or foreign owned (in compliance with the Buy American Act).

Respondents who submit proprietary data shall clearly mark the data with appropriate markings. The Government will not pay for any information submitted as a result of this notice. This notice shall not be construed as an obligation on the part of the Government to acquire any products or services.

A determination by the Government not to compete this proposed contract based on responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement.

Email is the preferred method of communication, please reference 36C24623Q0149_1 in ALL correspondence pertaining to this requirement.

Product Service Code: - 6515; Medical and Surgical Instruments, Equipment and Supplies

NAICS Code: - 339112; Surgical and Medical Instrument Manufacturing

Primary point of contact Jerry L Mann Â

jerry.mann@va.gov

Phone Number: 757-728-7193

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For

Other Than Full and Open Competition (>SAT)

Brand Name

Acquisition Plan Action ID: 36C246-22-AP-7061

Contracting Activity: Department of Veterans Affairs, Network Contracting Office 06, Charles George VA Medical Center located at 1100 Tunnel Road, Asheville NC 28805.

Purchase Request: 637-23-1-996-0004

Nature and/or Description of the Action Being Processed: Network Contracting Office 6 intends to

award a new firm-fixed-price contract to procure Olympus HD Flexible Cysto-Nephro Videoscopes and accessories. The purchase of the scopes will allow the Charles George VA Medical Center surgeons to perform complete examination of the bladder, bladder neck and anterior wall for diagnostic, biopsy and treatment during patient procedures. These scopes are being purchased in an effort to help standardize the Asheville VAMC on the Olympus platform to align with other VAMC s within the network.

Description of Supplies/Services Required to Meet the Agency s Needs: This requirement is to provide Olympus CYF-VH HD cysto-nephro videoscopes. The Olympus CYF-VH HD cysto-nephro videoscope is a flexible endoscope to provide high-definition imaging during scheduled patient procedures. The Olympus CYF-VH HD cysto-nephro videoscope is interchangeable and interoperable with the current Olympus custo-nephro videoscopes.

Number

Item

Part Number

Quantity

Unit

0001

Flex CystoNephro

Videoscope

CYF-VH HD

23

EA

0002

TSC W/

POWER CORD (EN)

OTV-S200

2

EA

0003

27" 4K SURGICAL

FIELD DISPLAY

ISM-1005321

2

EA

0004

TC-C3 TROLLEY SET

3 US/CA

K10030136

2

EA

0005

REAR PANEL

MAJ-2148

2

EA

0006

Luer-Split,CYF/URF IRR

MAJ-2092

23

EA

0007

Seal Kit, 6-12Fr,

12/Box

CS-B612

4

BX

0008

Aptimax Sterrad

Sterilization Tray

13839

23

EA

0009

APTIMAX STERRAD Ster. Tray Mat

99239

23

EA

0010

APTIMAX STERRAD Ster. Tray Holder

99240

23

EA

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

Demonstration that the Contractor s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Pursuant to 38 U.S.C. § 8127(c) a sole source award to an SDVOSB concern is authorized where the SDVOSB concern is determined to be a responsible source with respect to the performance of the contract; the anticipated award will exceed the simplified acquisition threshold but will not exceed $5,000,000, and the contract award has been determined to be fair and reasonable pricing that offers the best value to the United States Government. Alliant Healthcare is a verified SDVOSB by the Center for Verification and Eligibility (CVE) on the Vendor Information Pages (VIP). Alliant Enterprise, LLC., (UEI: RM64EJ3CJ7Z5) has performed satisfactorily on contracts for similar supplies and services to VISN 6.

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

Sources Sought Notice was issued on Contract Opportunities (36C24623Q0032) from 10/04/2022 to 10/07/2022. The following vendors responded and appeared interested:

(SDVOSB): Alliant Enterprises, LLC (UEI: RM64EJ3CJ7Z5), verified in SAM.gov expires 08/10/2023; offers exact item and provided Letter of Exclusivity as authorized distributor.

(Small Business): ERA Health, LLC dba Veterans Health Medical Supply (UEI: DSJSQLC1MFJ8), verified inSAM.gov expires 09/20/2023; offers similar items from vendor Richard Wolf.

The procurement is for Olympus HD Flexible Cysto-Nephro Videoscopes with accessories. The original equipment manufacturer (OEM) is Olympus America, Inc. has provided an email statement that Alliant Healthcare as the sole authorized SDVOSB distributor.

Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer will determine that prices will be fair and reasonable based on a comparison of the proposed prices with prices found reasonable on previous purchases. Prior to award price analysis of the proposed contract will be performed and documented to sufficiently determine that the cost to the Government of the proposed acquisition will be fair and reasonable.

Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was conducted by verifying NAICS 334510 (Electromedical and Electrotherapeutic Apparatus Manufacturing) and PSC 6515 (Medical and Surgical Instruments, Equipment, and Supplies) as applicable to contract. VIP Search conducted 10/15/2022 using NAICS 334510 with keywords Scopes produced (08) potential vendors: 07 SDVOSB and 1 VOSB. The SBA has issued an individual/class waiver for NAICS-334510 and PSC-6515, however, not applicable to these items.

NAC searched using keyword CYF-VH HD Flex CystoNephro Videoscope revealed two potential contracts: Olympus America, Inc. under contract 36F79721D0168; A-9 Scopes expires 12/31/2026; and from The Surgical Equipment People under V797D-50541; A-200.

SAC searched using keyword Flex CystoNephro revealed 23 contracts used for information purposes only.

FPDS searched using keyword Flex CystoNephro under department of Veteran Affairs revealed 23 purchase order; from 11/07/2014 10/05/2022 from various vendors to include Olympus America Inc. and Alliant Enterprises, LLC. was used for information purposes.

GSA eLibrary search using keyword Scopes revealed items under Scopes, Medical Source 65 IIA-9 revealed 11 SDVOSB contractors.

GSA Advantage: searched using keyword Flex CystoNephro videoscope yielded 1 similar item under CYF-V2R from vendor Olympus America, Inc contract 36F79721D0168 expires 12/31/2026.

NCO 06 previously purchased Olympus Scopes and C02 Regulation Units under award 36C24622P1625 on 08/25/2022 to Alliant Enterprises, LLC. (SDVOSB) for $243,797.75; 1 offer received.

NCO 21 previously purchased HD Flex CystoNephro Videoscope, MFPN: CYF-VH under award 36C26122F0276 on 05/26/2022 to Olympus America, Inc. (LB) for $206,594.85; 1 offer received.

NMR Class Waiver The NAICS code being used is 334510 which is for Flex CystoNephro Videoscope, electromedical manufacturing. The urologist performs a bladder diagnostic by using cystoscopes. Urology scopes is the items being purchased. Cystoscopes is listed under NAICS 334510 and there is an NMR class waiver in place.

The Contract Specialist contacted the manufacturer (Olympus America Inc.) a large business rep, provided email correspondence stating, Alliant Enterprises, LLC. (SDVOSB) as their sole authorized distributor and these scopes can only be purchased from the OEM Olympus or the exclusive authorized SDVOSB. There is a no compete agreement between Olympus and Alliant.

The Brand Name requested procurement items for the Olympus Flex CystoNephro Videoscope is available via Open Market from the OEM: Olympus America, Inc. (Large Business: UEI: FLWQVLFLMEL3). Olympus America, Inc. has identified (1) Service-Disabled Veteran Owned Small Business (SDVOSB) as the only authorized reseller distributor: Alliant Enterprises, LLC (UEI: RM64EJ3CJ7Z5).

Any Other Facts Supporting the Use of Other than Full and Open Competition: None pursuant to

38 USC §8127(c) Contracting Officers may use non-competitive procedures to award to an SDVOSB.

Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Veterans Health Medical Supply (Small Business: UEI: DSJSQLC1MFJ8), offers similar items from vendor Richard Wolf and Alliant Healthcare, LLC (SDVOSB UEI: RM64EJ3CJ7Z5), offers exact item. The contracting office also acknowledges that Karl Storz reseller L1 Enterprises (SDVOSB) has expressed interest in the requirement. VAMC Asheville is currently using Karl Storz and Olympus equipment/scopes throughout various departments. However, VAMC Asheville desires to standardize on the Olympus equipment. Outfitting the Endoscopy clinic with the Olympus scopes will allow the VAMC to standardize on one system/platform, thus reducing the training burden by allowing the Asheville VAMC to have one Standard Operating Procedure vs. two for the facility.

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: NCO 6

will continue to conduct market research to ascertain if there are changes in the marketplace that

would enable competition for future actions.

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.

_____________________________ ________________________

Name: Wayne Craig Date

Title: Chief of SPS

Facility: Charles George VA Medical Center

Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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.

_____________________________ ________________________

Name: Jerry L Mann Date

Title: Contracting Officer

Facility: NCO 06

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.

_____________________________ ________________________

Name: Keeshia Newman Date

Title: Division Chief 1

Facility: NCO 06