J065--SYSMEX Cellavision Model DM 1200 Maintenance Services

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 Blanket Purchase Agreement (BPA) under the Federal Supply Schedules (FSS) to the following contractor in support of Cellavision Model DM 1200 Maintenance Services in support of Sioux Falls VA Health Care System, 2501 West 22nd Street, Sioux Falls, SD 57105:

Sysmex America Inc.

DUNS: 021860424

577 Aptakisic Drive

Lincolnshire, IL 60069

This is done under authority of 41 U.S.C. 152 (3) and 40 U.S.C. 501, as implemented by FAR 8.405-6 (a)(1)(i)(B): Only one source is capable of providing the supplies and services required at the level of quality required because the supplies or services are unique or highly specialized.

This is not a request for competitive quotes.

Market research revealed that Sysmex America Inc. is the proprietary developer and sole service provider for the Cellavision Model DM 1200 currently being utilized by Sioux Falls VA Health Care System.

Additionally, Sysmex America Inc. is the creator and Original Equipment Manufacturer of the Cellavision Model DM 1200 and has over the life of this equipment serviced this equipment for Sioux Falls VA Health Care System. Sysmex America Inc., furthermore, owns the proprietary maintenance rights for this equipment. Thus, it is impossible for any other company to provide maintenance for this equipment as Sysmex America Inc. has sole rights and does not allow for third party maintenance vendors to provide such services. Any other entity besides Sysmex America Inc. 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 Equipment).

While this synopsis does not constitute a solicitation, interested vendors may identify their interest and capability to satisfy the requirement, including documentation from the proprietary rights holder Sysmex America Inc. that such contractor could provide this service as an authorized third party maintenance vendor.

All responsible sources may submit a capability statement, which shall be considered by the agency by e-mailing such statement and supporting documentation to John Breyer, Contract Specialist, at john.breyer@va.gov.

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.