DEPARTMENT OF VETERANS AFFAIRS Justification and Approval (J&A) For Other Than Full and Open Competition (>$150K) Acquisition Plan Action ID: VA260-16-AP-4296 1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office (NCO) 20, 8115 NE 82nd. Ave. Vancouver, WA. purchasing for the Portland VA Medical Center (PVAMC) 2. Nature and/or Description of the Action Being Processed: The Department of Veteran Affairs proposes to enter into a contract on the basis of other than full and open competition for the purchase of special electrodes to be used with the EnSite Velocity System under PR# 648-17-1-093- 0008 . This is not a new requirement, and the contract contemplated will be firm fixed price to St Jude Medical Inc. These supplies are for the Portland VA Medical Center (PVAMC), 3710 SW US Veterans Hospital Road, Portland, OR 97239. 3. Description of Supplies/Services Required to Meet the Agency's Needs: This procurement is for the bulk purchase of purchase of 48 boxes (5 in each box) for the delivery of four boxes a month of item number I0000333 l, EnSite Surface Patch Electrodes. The estimated value of the procurement is $264,000. The period of performance is date of award through September 30, 2017. 4. Statutory Authority Permitting Other than Full and Open Competition: The authority for applying the Commercial Test Program of FAR 13.5 is (Section 4202 of the Clinger-Cohen Act of 1996) and is implemented by restricting competition on this procurement via FAR 13.106-1(b)(2). This justification is in accordance with FAR 6.001(a), acquisitions conducted under FAR 13 for SAP are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2. The specific reasons for restricting competition is the proprietary nature of this procurement, and exclusive licensing agreements for St. Jude Medical Inc. 5. Demonstration that the Contractor's Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The contractor, St. Jude Medical Inc., is the manufacturer and sole distributor of the required electrodes. Furthermore, these parts will be used with the existing EnSite Velocity System owned by the VA which is also manufactured by St. Jude Medical Inc. We must procure the needed electrodes from St. Jude Medical Inc., to guarantee the EnSite Velocity System functions properly. 6. Description of Efforts Made to Ensure that Offers are Solicited from As Many Potential Sources as Deemed Practicable IAW FAR 13.104: There are other vendors that can provide similar equipment. However, as explained in paragraphs four and five, this is a specialized and brand name acquisition and only the manufacturer can meet the PVAMC' s requirement. Market research shows that this is still a sole source procurement. 7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable -JAW FAR 13.106-3: The Contract Specialist determines that the anticipated price will be fair and reasonable based on comparison with past purchase VA260-16-P-4711 in which the same items and were purchased for the same price. By signing the justification the Contracting Officer makes a determination that the costs/prices to the government are expected to be fair and reasonable. 8. Description of the Market Research Conducted and the Results, or Statement of Reasons Market Research was not Conducted (FAR 10): FAR Part I 0 directs that market research be conducted on each acquisition appropriate to the circumstances. Market research was conducted for this procurement and mandatory sources were queried in order of priority (see briefcase). Market research revealed that St. Jude Medical Inc. is proprietary to their equipment, and that no other vendor can meet this requirement because of its characteristics. 9. Any Other Facts Supporting the Restriction of Competition: Market research has revealed there is only one responsible source for this procurement due to its "brand name" requirements. 10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: No additional sources expressed interest in this acquisition because of its requirements. 11. Statement of 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: None 12. Requirements Certification - IAW FAR 1 3. 501: I certify that the requirement outlined in this justification is a bonafide 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. Digitally signed by Lisa Schlosser 388669 DN: dc=gov, dc=va, o=internal, ou=people, 388669 Name Title Facility 0.9.2342.19200300.100.1.1=lisa.schlosser@ va.gov, cn=Lisa Schlosser 388669 Date: 2016.08.23 11:09:29 -07'00' Lisa Schlosser Cath Lab Supervisor Date 8/23/2016 VA Portland Heath Care System 13. Approvals in accordance with the VHAPM, Volume 6, Chapter VI: OFOC SOP. a. 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. Jacob P Digitally signed by Jacob P Jackson 457690 DN: dc=gov, dc=va, o=internal, ou=people, 0.9.2342.19200300.100.1.1=jacob.jackson2@v a.gov, cn=Jacob P Jackson 457690 Date: 2016.09.12 07:21:17 -07'00' 9/12/2016 Name: Jacob Jackson Date Title: Contract Officer Facility: NCO 20
