65--DAVINCI SURGICAL SUPPLIES INTUITIVE SURGICAL

Attachment 2: Request for Sole Source Memo Format DEPARTMENT OF VETERANS AFFAIRS Justification and Approval For Other Than Full and Open Competition 1. Contracting Activity: Department of Veterans Affairs, VISN 11, Ann Arbor, MI Medical Center 506-14-1-022-0889 Intuitive Surgical, Inc. This is the only manufacturer and distributer of all supplies, disposable and durable, associated with the Da Vinci Robotic System. 2. Nature and/or Description of the Action Being Processed: This is for items that are required for use with the DaVinci Robotic System. These items will be will be used for a thoracic surgery schedule 2/10/2014 and must be received by 2/7/2014. 3. Description of Supplies/Services Required to Meet the Agency's Needs: $79,399.00 Intuitive Surgical, Inc, 1266 Kifer Road, Sunnyvale, CA 94086. Cannula Seal 8mm, 1BX, Obturator, 1BX, Forceps, 4 ea, Electrocautery Dissecting forceps, Electrocautery curved scissors, 10 EA, Electrocautery Maryland scissors 10 EA. 4. 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 FAR 6.302-1; (X) (2) Unusual and Compelling Urgency per FAR 6.302-2; ( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3; ( ) (4) International Agreement per FAR 6.302-4 ( ) (5) Authorized or Required by Statute FAR 6.302-5; ( ) (6) National Security per FAR 6.302-6; ( ) (7) Public Interest per FAR 6.302-7; 5. Demonstration that the Contractor's Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Only One Responsible Source (FAR 6.302-1) Intuitive Surgical, Inc. is the sole manufacturer and distributor of the DaVinci Robotic System and the associated disposable and durable supplies. Any delay in receiving these items would result in a cancellation of a surgery scheduled 2/10/2014 6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: FSS and the internet were searched. At this time no other company offers replacement items for the DaVinci Robotic System. If another supplier becomes available their pricing and product will be considered. 7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: $79.399.00. This price is fair and reasonable based on historical pricing for these items, PO 506A40064 shows similar pricing for these items. 8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: FSS and the internet were searched, 9. Any Other Facts Supporting the Use of Other than Full and Open Competition: No 10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: No 11. 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 actions are currently available. Should another requisition of this nature reoccur, we would undertake a new market survey. 12. 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. _________ _______ Name Date Title 13. Approvals in accordance with FAR 6.304 a. Contracting Officer's Certification: (required) I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. Name Title Network 11 Contract Office Date b. NCM/PCM (Required $3K and above): I certify the justification meets requirements for other than full and open competition. Name Date NCM/Supervisory Contract Specialist (as appropriate) Network 11 Contract Office