65--ENDOSCOPE CLEANING SYSTEM

DEPARTMENT OF VETERANS AFFAIRS Justification and Approval For Other Than Full and Open Competition 1. Contracting Organization: Department of Veterans Affairs, VISN 8, VACHS Medical Center 2. Description of Action: This is a request for other than full and open competition for the procurement of Endoscope Cleaning System ADV-1007 RQ 672-10-4-249-0049 3. Description of Supplies or Services: Endoscope Cleaning and Reprocessing system fully automated filters, cleaning solutions, installation, and training. 4. Statutory Authority: Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per FAR 6.302-1 ( X ) (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 ( ) (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. Validity of Use of Statutory Authority: The Department of Veterans Affairs, VA Caribbean Health Care System intends to procure the above equipment to replace the equipment on hand that was found obsolete and is being removed by the FDA. This company Bioengineering group is the sole and exclusive distributor of these equipment in Puerto Rico. See attachment A (vendor letter of exclusivity). This is also an emergency procurement since our equipment is being recalled by the FDA and needs to be replaced as soon as possible. Bioengineering Group will bring and install the equipment without going through mediators And since they are the only one’s authorized by the company to install these equipment the procurement could be expedited. 6. Actions to Promote Competition: Researched GSA, NAC, and internet found a company on GSA (SURGICAL TOOLS) but vendor could not provide a quote on time (no bid) received a letter from the vendor (Medivators) stating that Bioengineering is sole and exclusive distributor in PR. This company does all the maintenance and installation of this equipment in PR and there are no other companies that can process this order. 7. Determination of Fair and Reasonable Price: The anticipated price to the Government is $261,636.00 price is market price and compare to those prices under GSA contract. They are the same prices as previous PO’s 8. 9. Market Survey (FAR 10): See item # 6 10. Other Considerations: N/A 11. Listing of Sources that expressed, in writing, an interest in the acquisition: Bioengineering Group and Surgical Tools 12. Statement of Actions to Overcome Barriers to Competition: see 6 13. Requirements Certification: 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. _____________________________ ________________________ Name German Mojica Cruz Date 09/27/2010 Title Supervisor Inventory Management Facility VACHS San Juan 14. Approvals in accordance with FAR 6.304 This part if filled out by Contracting Staff as part of the Justification 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 Rolando Arce Date 09/27/2010 Title Purchasing Agent Facility VACHS San Juan b. Legal Review: I certify that the foregoing justification meets all of the statutory requirements for other than full and open competition. ___________________________ ___________________ Name Date Title Facility c. One Level above Contracting Officer: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. *This signature may be the VISN NCM if the Contracting Officer and Contracting Supervisor is the same individual. _____________________________ ________________________ Name Date Title Facility d. NCM : I certify the justification meets requirements for other than full and open competition. ___________________________ ___________________ Name Date NCM VISN X e. SAO East: I certify the justification meets requirements for other than full and open competition. ___________________________ ___________________ Jeffrey Ryan Date Director SAO East f. VHA HCA’s Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval (over $50 million), approve (up to $ 50 million) for other than full and open competition. ______________________________ ________________________ Joseph A. Williams, Jr. RN, BSN, MPM Date Head of Contracting Activity (HCA) g. VHA Senior Procurement Executive Approval (over $50 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for other than full and open competition. _____________________________ ________________________ Jan R. Frye Date Deputy Assistant Secretary Office of Acquisition and Logistics Senior Procurement Executive (SPE) Department of Veterans Affairs September 27, 2010 Dear Mr. Arce, This letter is to confirm that Bioengineering Group is the sole and exclusive distributor of Medivators (Minntech Corporation) products in Puerto Rico and is also responsible for all installation of Medivators endoscope reprocessors purchased. Please contact me if you have any questions or need additional information. Sincerely, Gil Rico Gil Rico Medivators a Division of Minntech Corporation Director of Corporate Accounts 612-805 3614