J065--TruDi Navigation System Maintenance Service

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NOTICE OF INTENT TO SOLE SOURCE: This is a Notice of Intent to Sole Source 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 an open market sole source award for ACCLARENT TRUDI NAV SYSTEM MAINTENANCE SERVICE to support the U.S. Department of Veterans Affairs, Iowa City IA VA Health Care System, 601 Highway 6 West, Iowa City IA 52246. The proposed award is to ACCLARENT INC, 33 Technology Drive, Irvine CA 92618, under the 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 announcement is not a request for competitive quotes. Market research revealed that Acclarent Inc. is the proprietary developer and sole service provider for the Acclarent TruDi Nav System currently being utilized at the Iowa City IA VA Health Care System. Acclarent owns the proprietary maintenance rights for the software. Thus, it is impossible for any other company to provide the required service as the Contractor has sole rights and does not provide any other authorized resellers, authorized dealers, or third-party maintenance vendors to provide such services. Any other entity besides Acclarent Inc providing this service would result in violation of the 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). Product Service Code (PSC) is J065 (Maintenance, Repair, and Rebuilding of Equipment: Medical, Dental, and Veterinary Equipment and Supplies). Small business size standard is $22.0 million.

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 Acclarent Inc. that such contractor could provide this service as an authorized reseller, authorized dealer or third party. All responsible sources may submit a capability statement, which shall be considered by the agency, by emailing such statement and supporting documentation from proprietary rights holder Acclarent Inc. by 11:00 AM Central Time (EST), 1/7/2022 to John Becker, Contracting Officer, at john.becker3@va.gov. No phone calls please. Please reference the announcement number in the subject line of the 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.