Intent to sole source to stryker corporation

This is a Notice of Intent published in accordance with Federal Acquisition Regulation (FAR) 5.101(a)(1) requiring the dissemination of information regarding proposed contract actions. This Notice of Intent is for a proposed award of a sole source firm fixed price contract to the following contractor in support of Stryker Neptune Maintenance Services for Veterans Integrated Service Network (VISN) 23:

Stryker Corporation

DUNS 196548481

1941 Stryker Way

Portage, MI 49002

This is done under authority of 41 U.S.C. 3304(a)(1), as implemented by FAR 13.106-1(b)(i): Contracting Officers may solicit from one source if the contracting officer determines that the circumstances of the contracting action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name, or industrial mobilization).

This is not a request for competitive quotes.

Market research revealed that Stryker Corporation is the proprietary developer and sole service provider for the Neptune Rovers and Docking Stations and the maintenance thereof.

Additionally, Stryker Corporation is the creator and Original Equipment Manufacturer (OEM) of this equipment and related maintenance.  Stryker Corporation, furthermore, owns the proprietary maintenance rights for this equipment and any maintenance thereof. Thus, it is impossible for any other company to provide maintenance for this equipment as Stryker Corporation has sole rights and does not allow for authorized resellers, authorized dealers, or third party maintenance vendors to provide such services for the Neptune Rovers and Docking Stations specifically.

Any other entity besides Stryker Corporation providing this service would result in violation of these proprietary rights and voiding of any equipment warranties, as applicable.

The North American Industry Classification System (NAICS) code for this service is 811219 (Other Electronic and Precision Equipment Repair and Maintenance) and the Product Service Code (PSC) is J065 (Maintenance and Repair of Medical, Dental, and Veterinary). Small Business Size Standard is $22,000,000.

While this synopsis does not constitute a solicitation, interested contractors may identify their interest and capability to satisfy the requirement, including documentation from the proprietary rights holder Stryker Corporation that such contractor could provide this service as an authorized dealer or third party for Neptune Rovers and Docking Stations specifically.

All responsible sources may submit a capability statement, which shall be considered by the agency by e-mailing such statement and supporting documentation by 11:59pm Central Standard Time (CST), 07-06-2020 to Doug Reed, Contracting Officer, at douglas.reed3@va.gov. No phone calls please. Please indicate “Response to Stryker Neptune Services Intent to Sole Source for VISN 23” in subject line of e-mail.

Such documentation will be reviewed solely for the purpose of determining whether or not to conduct the procurement on a competitive basis. A determination not to compete this requirement, based upon responses to this notice, is solely within the discretion of the Government under authorities cited above.