SOLICITATION NOTICE
65 -- EvoTech ECR System + Accessories
- Notice Date
- 4/12/2010
- Notice Type
- Justification and Approval (J&A)
- NAICS
- 339112
— Surgical and Medical Instrument Manufacturing
- Contracting Office
- Department of Veterans Affairs;Contracting Section (90C);300 Veterans BLVD;Big Spring TX 79720
- ZIP Code
- 79720
- Solicitation Number
- VA-258-10-RQ-0076
- Response Due
- 4/2/2010
- Archive Date
- 4/17/2010
- Point of Contact
- Robert MillerContract Specialist
- E-Mail Address
-
Contract Specialist
(robert.miller15@va.gov)
- Small Business Set-Aside
- N/A
- Award Number
- VA258-P-0380
- Award Date
- 4/5/2010
- Description
- Justification for Other Than Full and Open Competition (JOFOC) Document The following Justification for Other than Full and Open Competition is prepared in accordance with Federal Acquisition Regulation (FAR) Part 6.302-1Only one responsible source and no other supplies or services will satisfy agency requirements and the Department of Veterans Affairs Acquisition Regulation (VAAR) 806.304. 1. Agency Identification Department of Veterans Affairs (519) West Texas VA Health Care System (WTXVAHCS) 300 W. Veterans Blvd. Big Spring, TX 79720 2. Description of Action Being Approved This Justification for Other than Full and Open Competition (JOFOC) comes as a result of a current, on-going requirement, now deemed as an emergency, at the West Texas VA Health Care System (WTXVAHCS) to procure, in lieu of a 5-yr lease, an EvoTech Endoscope Cleaner and Re-processor (ECR) System, to include accessories with Ethicon, Inc doing business as (DBA) Advanced Sterilization Products Division who is a subsidiary of Johnson and Johnson Health Care Systems, Inc. Ethicon further provide sole source justification, letter dated June 2008 (Attach). The following justification is further supplied: 3. Description The equipment and supplies being procured for the EvoTech ECR with Ethicon, Inc., will keep the VAs SPD section compliant (i.e., up and running) as a lease was deemed inappropriate by VISN Legal and should the current item (i.e., old and constantly breaking down) arise that would be cost prohibited if not purchased outright. The EvoTech ECR System includes: Equipment kit (P/N 50014); Pre-Install (P/N 50040); Chemical clean kit 9P/N 50054); Channel separator, Olympus (P/N 0900301); Conntube 09600 in kit 9P/N 0845001); Connector tube, yellow (P/N 0841902); Conntube 09601 (P/N 0845301); Conntube 09600 (P/N 0845701); Connector tube, brown (P/N 0842103); Channel connector tube G (P/N 0841502); and adapter WTRJT, Olympus (P/N 0940801). 4. Statutory Authority/Authority Cited The basis of this JOFOC is the criteria implemented in the Federal Acquisition Regulation (FAR) Part 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements. (a) Authority. (1) Citations: 41 U.S.C. 253(c)(1). (2) When the supplies or services required by the agency are available from only one responsible source, or, for DOD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for. 5. Reason for Authority Cited The reason for citing FAR Part 6.302-1 as the statutory authority for this JOFOC is that it is appropriate in this situation where the agencys needs could only be satisfied by the unique supplies/services available through Ethicon, Inc. Application. This authority shall be used, if appropriate, in preference to the authority in 6.302-7; it shall not be used when any of the other circumstances is applicable. Use of this authority may be appropriate in situations such as the following (these examples are not intended to be all inclusive and do not constitute authority in and of themselves): (1) When there is a reasonable basis to conclude that the agency's minimum needs can only be satisfied by- (i) Unique supplies or services available from only one source or only one supplier with unique capabilities; 6. Demonstrate Proposed Contractors Unique Qualifications. The following are some of the items that make Ethicon, Inc. a responsible and reliable source: Ethicon, Inc. designed and installed the current system at the WTXVAHCS Ethicon, Inc. only manufactures all accessories to support the EvoTech ECR System. Additionally, the current Endoscope cleaner which the government (WTXVAHCS) has previously procured and owns outright is outdated, inefficient, but tied directly into SPD end-users use, testing, etc upon the remainder of facilities systems. It is also prudent to mention that no other qualified vendor outside Ethicons network can/will perform any incidental work upon this aforementioned system due to its proprietary rights and infringements therein upon and IAW FAR 6.302-1. 7. Sources Sought Efforts. The agency has done informal market survey via phone calls and pulling-up the GSA FSS Schedule Sources, has searched the FBO database, and CCR database for similar manufactures. Additionally, a sources sought for lease was accomplished via FBO on Dec 16, 2009 as well. This formal/informal survey resulted with no positive feedback from other manufacturers that can provide the needed maintenance contract, parts, etc due to the proprietary nature of Ethicon, Inc. design and associated data for the EvoTech ECR FAR 6.302-1. Thus WTXVAHCS also intends to release a special notice of this sole source requirements award utilizing FBO, IAW FAR Part 5. Additionally, in accordance with the National Defense Authorization Act for Fiscal Year 2008, Section 844 Public Disclosure of Justification and Approvals Documents for Noncompetitive Contractswithin 14-days of contract award. 8. Determination Fair and Reasonable. The prices offered by Ethicon, Inc. for the EvoTech ECR System, are considered fair and reasonable by virtue of comparing historical maintenance-n-repair costs at this facility, lease cost options + the IGE all IAW FAR Part 6, then, in-fact, Prices proposed are Fair and Reasonable (IAW FAR Part 15.405), which a prudent and competent person would be willing to pay. Prices are also considered allowable and allocable IAW FAR Part 31.201. Lastly, being sole source, pricing is also negotiable, and this office intends to make every effort to potentially receive better rates than Ethicon, Inc. lists on-line via its open market. 9. Description of the Market Research Conducted and Results. The formal/informal survey resulted with no positive feedback from other manufacturers that can provide the needed maintenance and repair contract. All roads point to Ethicon, Inc. having exclusive proprietary rights upon their EvoTech ECR System, parts and integration/maintenance herein. Additionally, since this system was facility/location specific in its design-build parameters, then tearing out current system, reverse engineering and/or design-build a new system from scratch would take excessive amounts of time and money beyond the initial systems practicality basis. Last, without the current system in-place, then emergency calls (i.e., patient, life safety, disaster, etc) could not be broadcast to all personnel in and around the facility, thus potentially causing ill-fated and possible irreversible possibilities. Thus, due to the aforementioned, a savings of resources such as time and money, as well as potentially averting a huge disaster is in the best interest of the West Texas VA Health Care System, and the VA, as a whole. 10. Technical Requirements Certification I certify that the supporting data under my cognizance which are included in this document are accurate and complete to the best of my belief. _//Signed//__ _March 25, 2010_ Amber Fannin A&MM Chief Date 11. Contracting Officers Certification The Contracting Officers (COs) signature on the Justification evidences that the CO has determined this to be accurate and complete to the best of the COs knowledge and belief. I certify that this JOFOC is accurate and complete to the best of my knowledge and belief. _//Signed//_____ _March 25, 2010_ Robert S. Miller Contracting Specialist Date _//Signed//_____ _March 25, 2010_ Annette Williams Contracting Officer Date _//Signed//_____ _March 29, 2010_ Sabrina J. Smith Network Contract Manager, VISN 18 Date
- Web Link
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- Record
- SN02119510-W 20100414/100412234955-5363a42021a1051a98d2a0a3fcf7c225 (fbodaily.com)
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