6515--Olympus HD Flex CystoNephro Videoscope Purchase and Service Agreement - LTC Charles S. Kettle VA Medical Center Ann Arbor, MI

VHAPM Part 808.405-6 Limiting Sources

Attachment 2: Request for Limited Sources Justification Format >SAT

Effective Date: 02/01/2022 Page 1 of 4

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Contracting Activity: Department of Veterans Affairs, Network Contracting Office 10, Indianapolis, IN, in support of LTC Charles S. Kettles VA Medical Center (Urology Clinic), 2215 Fuller Rd., Ann Arbor, MI. 2237:

(2) Description of Action: This acquisition is conducted under the authority of the Multiple- Award Schedule Program (41 U.S.C. 152(3) and 40 U.S.C. 501). This is a new requirement for the purchase of Olympus videoscopes and related equipment. The action will be awarded as a new, firm-fixed price, base plus four (4) option years, FSS Blanket Purchase Agreement.

Order against: FSS Contract Number: 36F79721D0168 - Expires 12/31/2031 (inclusive of options)

Name of Proposed Contractor: Olympus America, Inc.

Street Address: 3500 Corporate Parkway PO Box 610

City, State, Zip: Center Valley, PA 18034

Phone: 484-896-5436

(3) Description of Supplies or Services:

The estimated value of the proposed action is

Period of Performance: 9/6/2023 9/5/2028

This procurement will consist of a base year and four (4) 1-year options. Contractor shall accommodate equipment purchase and provide preventative maintenance/repair services for all scopes, and scope related equipment/accessories to the LTC Charles S. Kettles VA Medical Center. The required equipment is listed below:

Qty Item # Description

Twenty (20) CYF-VH HD Flex CystoNephro Videoscope

Twenty (20) MAJ-2092 Luer-Split Forceps/Irrigation Plug

(4) Identify the Authority and Supporting Rationale (see below and if applicable, a demonstration of the proposed contractor s unique qualifications to provide the required supply or service.

FAR 8.405-6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays:

FAR 8.405-6(a)(1)(B): Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized:

Olympus Inc. is the only firm capable of providing the supplies and services described in Section

3. The Urology Clinic currently uses these types of Olympus video scopes and associated equipment. At peak operational levels, the clinic has had up to 36 of these specific scopes. Currently, the clinic is down to 13 viable scopes, with several of them out for repair. Once used, these scopes fall into one of several different statuses: 1) Used and needing to be sterilized, 2) In-house repair needed, 3) Need to be sent out for repairs, and 4) Repaired but in need of sterilization.

The Olympus system interconnects and interfaces with other equipment owned by the clinic (video processing and primary/backup power supplies). Procuring different video scopes would result in degraded patient care, while also incurring the expense of having to replace system infrastructure.

Olympus is the Original Equipment Manufacturer (OEM) and sole authorized vendor that can provide these specific scopes and related equipment. Olympus America, Inc. does not authorize any small business entities to distribute their scopes and/or peripheral equipment.

FAR 8.405-6(a)(1)(C): In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures.

FAR 8.405-6(b): Items peculiar to one manufacturer:

A patent, copyright or proprietary data limits competition. The proprietary data is:

These are direct replacements parts/components for existing equipment.

The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing.

(5) Describe Why You Believe the Order Represents the Best Value consistent with FAR 8.404(d) to aid the contracting officer in making this best value determination:

This equipment purchase is not only needed for the standardization of Olympus equipment, but it must also attach to, and communicate with, other existing equipment/software throughout the clinic that are not a part of this procurement.

Pricing has been determined fair and reasonable since required items fall under FSS contract. However, IAW FAR 8.405-4, Contracting Specialist will seek a price reduction.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted:

NAICS Code 339112 was searched on SBA VetCert and 613 results were obtained. A DSBS search (using NAICS 339112 and keyword videoscope ) produced one result.

A GSA Advantage query was performed, and Olympus America is the only vendor with these scopes and related equipment on contract. The VA and SBA Rule of Two cannot be met.

(7) Any Other Facts Supporting the Justification:

There are no additional facts supporting this justification.

(8) A Statement of the Actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made:

The Government will continue to conduct thorough market research to monitor marketplace capabilities for similar requirements in the future.

(9) 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. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4.

Supervisory Acquisition Utilization Specialist

LTC Charles S. Kettles VA Medical Center

(10) Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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

Contracting Officer, Supply Team 3

Network Contracting Office 10

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Branch Chief, Supply Team 3

Network Contracting Office 10 Awarded contract 36C25023A0065 to OLYMPUS AMERICA INC for unknown amount on 2023-09-06.