Equipment, PENTAX NASOLARYNOGOSCOPE, Dayton

Attachment 1: Request for Exception to Fair Opportunity Memo Format Page 1 of 6 Effective Date:

03/15/2023 Revision: 02 DEPARTMENT OF VETERANS AFFAIRS Justification and Approval For Exception to Fair Opportunity Memo Acquisition Plan Action ID:

36C250-24-AP-2214 Contracting Activity: Department of Veterans Affairs, VISN 10, Dayton Medical Center PR 552-24-2-121-0073 Description of Action: The proposed sole source delivery order against SEWP contract NNG15SD26B is for a firm-fixed price (FFP) effort to procure additional TherapeuticHD Nasolaryngoscopes for the ENT clinic at the Dayton VAMC.

Description of Supplies or Services: The proposed action is to procure the following line items: TherapeuticHD Nasolaryngoscope Qty 2 Suction Control Valve Qty 10 Single use Port/Cyl Brush 50ct Single Use Channel Brush 50ct Cleaning cap for inlet Qty 10 O Ring Set for OF-B212 Qty 3 Rubber Inlet Seals (10) for EE Suction Cleaning Adapter J10 Pentax Hand-Heal Leak Tester The requested scopes will support the new doctor hire and expand veteran care within the ENT clinic. The total estimated cost Statutory Authority: The statutory authority permitting an exception to fair opportunity is Section 41 U.S.C. 4106(c) as implemented by the Federal Acquisition Regulation (FAR)

16.505(b)(2)(i): ( )

FAR 16.505(b)(2)(i)(A): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays. ( X )

FAR 16.505(b)(2)(i)(B): Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized. ( )

FAR 16.505(b)(2)(i)(C): The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order. ( )

FAR 16.505(b)(2)(i)(D): It is necessary to place an order to satisfy a minimum guarantee. ( )

FAR 16.505(b)(2)(i)(E): For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source . The statutory authority permitting an exception to fair opportunity for this action is 38 U.S.C. 8127(c), known as the Veterans First Contracting Program which provides the authority to directly contract with a Service-Disabled Veteran-Owned Small Business (SDVOSB) or a Veteran-Owned Small Business (VOSB).

5. Rationale Supporting Use of Authority Cited Above: The ENT Clinic currently has one Pentax image processor and 16 Pentax scopes. All additional equipment must be compatible with the Pentax image processor to integrate with existing system. Only Pentax scopes work with Pentax image processors. Pentax of America, Inc. (dba PENTAX Medical) has identified the Thundercat Technology LLC a service-disabled veteran-owned small business (SDVOSB) as our exclusive, authorized federal dealer/reseller of PENTAX Medical products and services.

6. Efforts to Obtain Competition: Market research was conducted, details of which are in the market research section of this document. This effort did not yield any additional sources that can meet the Government s requirements. There is no competition anticipated for this acquisition. In accordance with FAR 5.301 and 16.505(b)(2), this action will be synopsized at award on the Federal Business Opportunities Page (FBO) and the justification will be made publicly available.

7. Actions to Increase Competition: The Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future actions to be competed.

8. Market Research: Searched VetCert with NAICS 541519 and received 4297 results. Searched DSBS with NAICS 541519 and keyword pentax nasolaryngoscope and received 0 results. Received letter from OEM, Pentax, confirming Thundercat Technologies LLC, SDVOSB, is the exclusive, authorized federal dealer/reseller of PENTAX Medical products and services. The VA and SBA rules of two are not attainable with this procurement. Sole source award will be made to Thundercat Technologies, LLC. 9. Other Facts: None.

10. Technical and Requirements Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

Date 11. Determination that Anticipated Cost is Fair and Reasonable: A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable: NASA SEWP contracts have already been deemed fair and reasonable and a separate determination is not required. 12. Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.