Notice of Intent to Sole Source to Lumenis, Inc. for the purchase of the Selecta II Laser

Please read the ENTIRE synopsis before submitting any response. The 10th Mission Support Group, Directorate of Contracting, United States Air Force Academy (USAFA) Colorado, intends to award a Brand Name Only Purchase Order on a Sole Source basis to Lumenis, Inc. to provide the required Lumenis Selecta II Laser. This notice document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-38, Effective 1 February and class deviation 2009-O0009. The North American Industry Classification System Code [NAICS] is 339112 and the size standard is 500 employees. The SLT laser used to treat glaucoma is becoming the highest standard for laser trabeculoplastry surgery. It is a patented device with no competitor in the same class. Argon Laser Trabeculoplastry (ALT) is an older procedure using the argon laser that is less effective with a higher complication. Selective Laser Trabeculoplastry (SLT) is safer and more effective than Argon Laser Trabeculoplastry. In addition SLT is repeatable if needed while ALT is not. SLT is less harmful than ALT when preserving the trabecular meshwork. The main difference between the ALT and SLT relate mainly to retreatment's and patient safety. ALT results in cumulative destructing and fibrosis of the trabecular meshwork, but SLT does not structurally alter it. SLT preserves the ocular tissue. Lumenis has provided a letter stating that Lumenis is the only company in the United States to offer this revolutionary glaucoma treatment modality. Research shows they hold the patent for this type of equipment. For this reason, the USAFA intends to purchase the Lumenis Selecta II Laser. Delivery is to be made to the 10th Medical Group at the U.S. Air Force Academy, CO. FOB: Destination. Unique Item Identifier (UID) [DFARS 252.211] applies to this requirement. This synopsis is for notification purposes only and does not constitute a solicitation for bids or proposals. DO NOT SUBMIT A QUOTE AT THIS TIME. Any offerors believing they can provide an equal product that meets all of the features and functionality of the Lumenis Selecta II Laser or can provide the brand name product may provide evidence for consideration. Evidence must support the offeror's claim they can either provide an equal product or they are an authorized distributor/wholesaler for the Lumenis Laser. It is the offeror's responsibility to prove their product is an equal by demonstrating their product, at a minimum, has the same features and functionality of the brand name product. Providing brochures, specifications and/or quotes alone is not enough for the Government to make a decision. The offeror should provide an understandable comparison between the two products. The Government is not responsible for developing the comparison from insufficient information provided. All qualified sources may submit a response, which if timely received, will be considered by this agency. Information received will be considered solely for the purpose of determining whether a brand name or equal procurement, and/or a competitive procurement can be conducted. A determination that equal products exist or a determination to compete this proposed procurement based on response to this notice is solely within the discretion of the Government. Responses must be received 12:00 pm MST on 02/17/2010. Responses received after this will be considered late IAW FAR 52.212-1(f) and will not be evaluated. The Government does not intend to pay for any information provided under this announcement. Contractors must have a current registration with the Central Contractor Registration (CCR) at http://www.ccr.gov and with Online Representations and Certifications Application (ORCA) at http://orca.bpn.gov . Questions should be addressed to the Primary POC Chelsea Gurwell, Contract Specialist, (719) 333-2849 or sent via e-mail to chelsea.gurwell@usafa.af.mil. Alternate POC is Leslie Ryan, Contracting Officer, (719) 333-3961, leslie.ryan@usafa.af.mil. 5352.201-9101 OMBUDSMAN (AUG 2005) (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, concerned parties may contact the USAF Academy Ombudsmen, Kelly Snyder 8110 Industrial Drive, Ste 103 USAFA, CO 80840 Telephone number 719-333-2074 FAX 719-333-9018 email: kelly.snyder@usafa.af.mil Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. (End of clause)