-20003.docx

VHAPM Part 819.7007/7008 Sole Source Awards to a Verified Service-Disabled Veteran-owned Small Business/Veteran-owned Small Business Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format >SAT

Contract Opportunity Justification and Approval Notice

CLASSIFICATION CODE

SUBJECT

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ZIP-CODE

SOLICITATION NUMBER

DELIVERY/TASK ORDER NUMBER

(Required when using Statutory Authority FAR 6.302-1(c))

BASE NOTICE TYPE

ARCHIVE

DAYS AFTER THE POSTING DATE

RECOVERY ACT FUNDS

NAICS CODE

CONTRACTING OFFICE

ADDRESS

DESCRIPTION

See Attachment

POINT OF CONTACT

(POC Information Automatically Filled from User Profile Unless Entered)

STATUTORY AUTHORITY

AWARD NUMBER

(Not required when using Statutory Authority FAR 6.302-1(c))

MODIFICATION NUMBER

AWARD AMOUNT

LINE ITEM NUMBER

AWARD DATE (MM-DD-YYYY)

(Not required when using Statutory Authority FAR 6.302-1(c))

AWARDEE NAME

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AGENCY'S URL

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AWARD INFORMATION

ADDITIONAL INFORMATION

GENERAL INFORMATION

* = Required Field Contract Opportunity Justification and Approval Notice

COVID 19 SUPPORT - VENTILATORS

48105 36C25020P0954 36C25020P0954 N 339113 Department of Veterans Affairs Ann Arbor Healthcare System Network Contracting Office 10 2215 Fuller Road Ann Arbor MI 48105 Kellie Konopinski 734-222-4330 Kellie.Konopinski@va.gov

FAR2

36C25020P0954 $1,380,694.00 03-31-2020

FIDELIS SUSTAINABILITY DISTRIBUTION LLC

204 W SPEARS ST STE 3319

CARSON CITY

NV

89703

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT)

EMERGENCY COVID-19

Acquisition Plan Action ID: 36C250-20-AP-2340

1. Contracting Activity: Department of Veterans Affairs, NCO 10, John D. Dingell VA Medical Center, Detroit, MI, 48201; 553-20-2-211-0247.

2. Nature and/or Description of the Action Being Approved: As a result of current COVID19 pandemic, the John D. Dingell VA Medical Center has an emergent need for ventilators. The VAMC's current fleet of ventilators are the Getinge Servo-U ventilator. It is imperative that the purchase be Servo ventilators to allow the staff the ability to use the ventilators immediately with no training. The time required for training could negatively affect necessary patient care during this pandemic. This purchase of the Servo-U ventilators is being procured on a sole source basis due to the clinical need for continuity and will be used in both the MICU and SICU on Corona Virus patients. This action will be awarded as a new contract. The Contracting Officer's determination to make a sole source SDVOSB award, vice competing this procurement is a business decision in support of the declared National Emergency and supported by the Statutory Authority indicated in question 4 below.

FAR 13.5 Simplified Procedures for Certain Commercial Items: This procurement is for ventilators in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 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 following items are being requested by the John D. Dingell VA Medical Center. These items will meet the minimum needs of the facility. The procurement package and the identified items were submitted by the clinical staff, through the SCM service and is supported and approved by the facility Chief of Staff.

Estimated total: $1,380,694.00 (funding is available, a fully funded 2237 has been provided)

Delivery date: Need as soon as possible as all ventilators are currently in use, however, the manufacturer currently has a lead time of 14-16 Weeks.

SDVOSB has confirmed there is a 5-year warranty on these items.

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(5), 38 U.S. Code § 8127(c), as implemented by FAR 6.302-5 (Authorized or Required by Statute). COs may use the non-competitive (sole source) procedures authorized in VAAR 819.7007 or 819.7008 up to $5,000,000. Check the specific VAAR clause used below:

(X ) 819.7007 Sole source awards to a verified service-disabled veteran-owned small business; or ( ) 819.7008 Sole source awards to a verified veteran-owned small business

5. Demonstration that the Contractor’s Unique Qualifications and/or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Due to the pandemic COVID19 the Detroit VAMC is in emergent need of ventilators. The clinical staff has concurred that this is the model of ventilator that is needed as they have an existing infrastructure utilizing this equipment. The VA’s current fleet of ventilators are the Servo-U ventilator, manufactured by Getinge. It is imperative that the purchase be Servo-U ventilators to allow the staff the ability to use the ventilators immediately with no training. Fidelis (the requested vendor) is a verified SDVOSB and is the authorized SDVOSB distributor for Getinge. Time is of importance on this procurement because in the span of a week and a half, the lead time has gone from 6-8 weeks to now 14-16 weeks. Due to the Unusual and Compelling Urgency of this request, this will be awarded to Fidelis Sustainability. The authority identified in Section 4 allows sole source awards to an SDVOSB/VOSB based on 38 U.S.C. 8127(c). The firm meets eligibility requirements in 819.7003. The SDVOSB concern has been determined to be a responsible source with respect to performance. The manufacturer has also provided a memo indicating that Fidelis is their SDVOSB distributor.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies:

See market research described in section 8. IAW FAR 6.305 this Justification will be posted to Contracting Opportunities within 30 days of award.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Review of similar purchases in FPDS noted that there was a wide range of prices for similar items. Five purchases with an obligated amount of $400,000.00 or higher, including 2 at or above $900,000.00 were located and reviewed. Pricing is also consistent with the recent purchase under PO 36C25020P0910, March 20, 2020, $1,276,962.60 for the purchase of 30 Servo-U ventilators and similar accessories for the Cleveland VA. The ventilator is also available on GSA from Technical Communities Inc with the main unit price identical to the quote provided by Fidelis Sustainability Dist. LLC and matches the IGCE. Additionally, ancillary pieces were compared for pricing and the SDVOSB's pricing is consistent with the GSA pricing. Pricing was also received from the large business manufacturer, Getinge, and the pricing the SDVOSB is providing is the exact same price. After reviewing GSA and previous purchases listed in FPDS, the quote from Fidelis Sustainability Dist. LLC, is determined to be fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market Research was conducted using VetBiz and GSA. VIP NAICS search resulted in 426 SDVOSB/VOSB vendors. A keyword search of “servo-u” resulted in 0 SDVOSB/VOSB vendors. GSA was searched and found one small business vendor. Quotes were both received from Getinge, the large business manufacturer and Fidelis Sustainability Distribution, a SDVOSB distributor who provided the same pricing as the manufacturer. The recommended vendor FIDELIS SUSTAINABILITY DIST LLC is a verified SDVOSB vendor, and this award will be issued IAW VAAR 819.7007 Sole Source/SDVOSB. VA Rule of Two cannot be satisfied for this procurement.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: VAAR 819.7007(a)(1): - A contracting officer may award contracts to SDVOSB concerns on a sole source basis provided the anticipated award price of the contract (including options) will not exceed $5 million. Additionally, due to the urgency of the request, and to mitigate the requirements of the Nonmanufacturer Rule, the Contracting Officer will be concurrently submitting a NAICS code waiver to the SBA to support the direct purchase to the SDVOSB distributor.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

FIDELIS SUSTAINABILITY DIST LLC

204 WEST SPEAR STREET, SUITE 3319

CARSON CITY NV 89703

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: For a subsequent acquisition, market research will be conducted to determine sources for these items and which source(s) can provide the best value to the Government in meeting the Government's needs.

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.

VHAPM Part 819.7007/7008 Page 5 of 5 Original Date: 08/30/2017 Revision 03 Eff Date: 04/03/2020