Inactive

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 5: Request for Sole Source Justification Format >SAT OFOC SOP Revision 11 Original Date: 03/22/11 Revision 11 Date: 02/11/20... VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 5: Request for Sole Source Justification Format >SAT OFOC SOP Revision 11 Original Date: 03/22/11 Revision 11 Date: 02/11/2021 Page 1 of 3 DEPARTMENT OF VETERANS AFFAIRS Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT) Acquisition Plan Action ID: 36C255-21-AP-4136 Contracting Activity: Department of Veterans Affairs, VISN 15, Kansas City VA Medical Center, 4801 E Linwood Blvd, Kansas City, MO 64128. Purchase request number: 589-21-4-1415-3723 Nature and/or Description of the Action Being Processed: The Kansas City VA Medical Center, Surgery Dept. will require repairs to the Davinci Surgical Robot System. The system was damaged in a fire suppression system flood and was diagnosed by the manufacturer as part of an existing service agreement. The service agreement does not cover damages, as such the manufacturer (Intuitive) provided a quote for parts and repairs of the device. This is not a modification of an existing contract. We are planning to utilize a firm-fixed-price contract. Description of Supplies/Services Required to Meet the Agency s Needs: The proposal will need to include the footrest assembly and vision assembly provided in the attached quote, installation, setup, and testing for full functions. The Surgical Robot device should be repaired to Original Equipment Manufacturer specifications. Ideally this would occur within 30 days, however we do expect to negotiate some specifics as to exact dates during the natural course of this requirement. Statutory Authority Permitting Other than Full and Open Competition: ( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1; (X) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2; ( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3; ( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5; ( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6; ( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7; Demonstration that the Contractor s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Due to the urgent need to repair this piece of equipment needed for surgery the manufacturer Intuitive Surgical has been selected to perform the repairs needed. During the evaluation of the equipment it was found that only one manufacturer can provide the equipment needed to repair the Robotic Device. The manufacturer of the device (Intuitive) is the only producer of the parts and programming that will allow our Surgical Robot System to function as designed by the Original Manufacturer. This system is highly specialized and direct replacement parts will be required to ensure safe and reliable performance of this system. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Contact with the manufacturer occurred as part of an existing service agreement. Found that the parts necessary are only offered by the Original Manufacturer. Received a quote from the Original Manufacturer. Performed an internet search to verify claims and found that there are very limited companies that offer a Surgical Robot and out of those the parts do not appear to be interchangeable. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: An IGCE for the repairs was provided by the COR in the amount of $353,050.00 with the prices taked directly from the Mandatory SAC contract #36C10G19D0092 with pre-negotiated prices which have been determined to be fair and reasonable. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Performed a search of service companies on the internet and found that there are no obvious choices other than the Original Manufacturer. Any Other Facts Supporting the Use of Other than Full and Open Competition: None Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: No other sources were found during search for service companies. 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: No planned actions at this time as there are no suitable service companies found other than the manufacturer. Abdul A Digitally signed by Abdul A X Haleem 426328 Date: 2021.09.22 14:41:04 -05'00' Haleem 426328 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. _September 22, 2021 Abdul Haleem, MD Date Chief of Surgery Kansas City 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. Digitally signed by Jennifer Jennifer A. A. Sotomayor 1569692 Sotomayor 1569692 Date: 2021.09.22 13:32:39 -05'00' 9/22/2021 Jennifer Sotomayor Date Contracting Officer NCO 15 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. PAUL HEMENWAY Digitally signed by PAUL HEMENWAY Date: 2021.09.22 13:49:26 -05'00' 9/22/2021 9/22/220 Paul Hemenway Date Branch Chief Supply Team NCO 15