Inactive

Page 1 of 9 DEPARTMENT OF VETERANS AFFAIRS SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5 Acquisition Plan Action ID: 36C262-23-AP-7616 ... Page 1 of 9 DEPARTMENT OF VETERANS AFFAIRS SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5 Acquisition Plan Action ID: 36C262-23-AP-7616 Contracting Activity: Department of Veterans Affairs VISN 22 VA Loma Linda Meddical Center 2237: 605-24-1-027-0010 Nature and/or Description of the Action Being Processed: Preventive Maintenance & Inspection (PMI) Service Contract Da Vinci Surgical Robot SK1467 & SK1469 Government Owned Equipment at the VA Loma Linda Healthcare System (VALLHS) Description of Supplies/Services Required to Meet the Agency s Needs: The current active service is against Strategic Acquisition Center (SAC) Contract 36C10G-19-D-0092 Task Order 36C26222N0035 expiring 9/30/2023 was procured as a sole source to Intuitive Surgical, Inc. The using service believes this should be sole sourced to the incumbent. Intuitive Surgical, Inc. is a Large business and the Original Equipment Manufacturer (OEM) of the Da Vinci Surgical Robot. No other vendors were found that could provide the services required Statutory Authority Permitting Restricted Competition: FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement.  Competition is restricted on this procurement for the reason below:        ( X ) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements Demonstration that the Contractor s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Intuitive Surgical, Inc. is the Original Equipment Manufacturer (OEM). They are the only authorized service provider of the Da Vinci Surgical Robot Government Owned Intuitive Surgical Systems for the Biomedical and maintain proprietary rights of replacement parts and servicing of this equipment. Proprietary software and hardware that is required to service this equipment makes it a sole source acquisition. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A service contract is available in the commercial market and needed for the Preventive Maintenance & Inspection (PMI) Service Contract on the Da Vinci Surgical Robot Systems. Intuitive Surgical, Inc. Systems requires access to proprietary systems owned by Intuitive Surgical, Inc. Due to the proprietary nature of the imaging systems, Original Equipment Manufacturer (OEM) parts and services must be used for maintenance requirements. Our office does government cost estimate based on the history acquisition review. Medical Equipment is usually proprietary. In the case of Intuitive Surgical, Inc. Original Equipment Manufacturer (OEM) parts must be used for any maintenance requirements. All repair services that are being requested is common and readily available in the marketplace by several different vendors. However, we need Intuitive Surgical, Inc. specialized technician for the Preventive Maintenance & Inspection (PMI) Service Contract for the Da Vinci Surgical Robot Systems to ensure proper maintenance has occurred that adhere to the manufacture s specifications and not void warranty. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The pricing structure for SAC Contract 36C10G19D0092 has already been deemed fair and reasonable. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: See Above Any Other Facts Supporting the Use of Other than Full and Open Competition: N/A Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: N/A 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: N/A 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. ___________________________________ Tim Garrity Contracting Officer NCO 22 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. ___________________________________ William Cook NCO 22 Branch Chief