DOCUMENT
65 -- ZEISS OPHTHALMIC SURGICAL MICROSCOPE VA'S HEALTH CARE CENTER (HCC) CHARLOTTE, NORTH CAROLINA SDVOSB SOLE SOURCE PURSUANT TO 38 USC § 8127(c) - Attachment
- Notice Date
- 9/28/2016
- Notice Type
- Attachment
- NAICS
- 333314
— Optical Instrument and Lens Manufacturing
- Contracting Office
- Department of Veterans Affairs;Network Contracting Office 6;100 Emancipation Drive;Hampton VA 23667
- ZIP Code
- 23667
- Solicitation Number
- VA24616Q1573
- Archive Date
- 10/27/2016
- Point of Contact
- Darla Hurlock
- E-Mail Address
-
k
- Small Business Set-Aside
- N/A
- Award Number
- VA246-16-P-7978
- Award Date
- 9/27/2016
- Awardee
- CORPS BIOLOGICS LLC;1105 MATHESON DR;LEANDER;TX;78641
- Award Amount
- $396,542.48
- Description
- DEPARTMENT OF VETERANS AFFAIRS Justification and Approval (J&A) For Other Than Full and Open Competition (>$150K) Acquisition Plan Action ID: VA246-16-AP-12549 1.Contracting Activity: Department of Veterans Affairs, Network Contracting Office 6 (NCO 6), on behalf of the VA's Health Care Center (HCC), Charlotte, North Carolina, has a requirement for the acquisition of an Ophthalmic Surgical Microscope and accessories under purchase request number 659-16-2-931-0269. 2.Nature and/or Description of the Action Being Processed: The objective for this request is to procure a Zeiss USA brand OPMI Lumera ® 700 ophthalmic surgical microscope and accessories by means Other Than Full and Open Competition for delivery to the VA's Health Care Center (HCC), 3506 West Tyvola Road, Charlotte, North Carolina 28208. A new contract, firm fixed-priced, is planned for this one-time equipment procurement. This procurement for the stated equipment is in accordance with FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items and, specifically, FAR Subpart 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2. 3.Description of Supplies/Services Required to Meet the Agency's Needs: The purchase request submitted to NCO 6 is in support of procuring the following Brand Name equipment: Two (2), Zeiss USA OPMI Lumera ® 700 ophthalmic surgical microscopes and accessories, estimated total value of $ redacted, with delivery to the Charlotte HCC. This procurement will be made to Corps Biologics LLC, a Service-Disabled Veteran-Owned Small Business (SDVOSB). 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; ( ) (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 (X) (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; *NOTE: The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented by for restricting competition on this procurement via FAR 13.106-1(b)(2). 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 Charlotte HCC Surgical Service (ENT Clinic) has procured other Zeiss USA brand surgical equipment and has standardized to the Zeiss USA brand based on quality and compatibility with existing equipment. Noted here are the most recent procurements for the Charlotte HCC: a) Contract number VA246-16-P-3900, awarded on March 25, 2016 for a Zeiss USA brand O/S Visulas ® Trion Combi ophthalmic therapeutic laser with workstation; b) Contract number VA246-16-P-3901, awarded on March 28, 2016 for a Zeiss USA brand OPMI ® 1-FC ENT surgical microscope body and accessories. 6.Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: The National Strategic Accounts Manager of the original equipment manufacturer (Zeiss USA) was contacted to determine authorized sources capable of providing the required equipment. One (1) Small Business (Proaim Americas LLC) has been approved by Zeiss USA as a distributor of the required equipment, and one (1) Service-Disabled Veteran-Owned Small Business (Corps Biologics LLC) has been approved by Zeiss USA as a channel partner, authorized to directly provide pricing for the required equipment. Seemingly, with the two sources stated above, a competitive acquisition would be in order, most likely as a small business set-aside. However, this strategy is not recommended as the SDVOSB concern would be competing against its own distributor, as their business relationship is tied by partnering agreements with Zeiss USA. As such, it is recommended that Corps Biologics LLC receive a sole sourced award pursuant to 38 USC § 8127(c). 7.Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: Corps Biologics LLC is determined to be a responsible source with respect to contract performance and can provide the required equipment at a fair and reasonable price as evidenced by equipment contracts executed on behalf of several VISNS within the past year (source - Federal Procurement Data System). 8.Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research, in accordance with FAR Part 10, was conducted by internet searches, FPDS and FBO searches, and industry inquiries. Market research indicates other companies can provide ophthalmic surgical microscopes; however, the Charlotte HCC Surgical Service (ENT Clinic) has standardized this highly specialized ophthalmic instrumentation to the Zeiss USA brand based on quality and compatibility with existing Zeiss USA brand equipment. Other known brands of instrumentation are not suitable as they do not provide the same unique features of the Lumera ® 700, such as apochromatic optics which eliminates spherical and chromatic aberrations and provides unparalleled optical clarity, depth of field, and color accuracy. Additionally, the Lumera ® 700 has patented Carl Zeiss technology redacted. 9.Any Other Facts Supporting the Use of Other than Full and Open Competition: There are no additional facts in support of this request other than those previously stated. 10.Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: No Sources Sought Notice was published due to the need for Brand Name equipment. As such, no parties have expressed interest in writing. 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: A national equipment contract, executed by NAC, may serve to foster competition for future procurements. At this time, however, there are no actions which can be taken to overcome barriers to competition. 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. __redacted__________________________ ________________________ Stephanie D. Stephens, BSN, RN, CNORDate VAMC Salisbury, NC/HCC Charlotte, NC 13.Approvals in accordance with the VHAPM, Volume 6, Chapter VI: OFOC SOP: a. Contracting Officer (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. _redacted________________________ ________________________ Darla HurlockDate Contracting Officer NCO 6 b. Branch Chief review: _redacted_________________________________________________ Jay B. JamesDate Supervisory Contracting Officer NCO 6 c. QA/Compliance review: _redacted__________________________________________________ Jeffery A. Benton QA/Compliance Officer NCO 6 d. Director of Contracting /Designee (Required over$150K but not exceeding $700K): I certify the justification meets requirements for other than full and open competition. _redacted_________________________ ________________________ Nancy L. BaileyDate Director of Contracting NCO 6
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- Document(s)
- Attachment
- File Name: VA246-16-P-7978 VA246-16-P-7978_1.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3029887&FileName=-8740.docx)
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- File Name: VA246-16-P-7978 VA246-16-P-7978_1.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3029887&FileName=-8740.docx)
- Record
- SN04291946-W 20160930/160928235835-f4189b69baaddd8f77f2a854b736e943 (fbodaily.com)
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