-20518.pdf

36C261-20-AP-3095 Page 1 of 4

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C261-20-AP-3095

1. Contracting Activity: Department of Veterans Affairs (VA), VA Sierra Pacific Network (VISN 21), San

Francisco VA Medical Center (SFVAMC), Northern California Healthcare System (NCHCS). The Network Contracting Office (NCO) 21 is responsible for the acquisition under funding document

2. Nature and/or Description of the Action Being Processed:

This is for a new purchase order for supplies for replacement of four (4) new Triple Aurora 4 Camera Ready Lights, three (3) new Dual Aurora 4 Camera Ready Lights, and three (3) new Single Aurora 4 Lights are to be purchased and installed in seven (7) Operating Rooms (OR) at the SFVAMC in San Francisco, CA.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

Skytron surgical booms are used in the seven (7) ORs at the SFVAMC. One of the essential components of the Skytron booms are the surgical lights, which are critical for the intricate surgeries and procedures performed at the SFVAMC. Over the course of normal usage, these essential lights have degraded to a point that they require replacement. The subject procurement is for the replacement of the lights on the Skytron surgical booms in the SFVAMC’s seven (7) ORs, which includes deinstallation of the existing lights and installation of the new, replacement lights. The Contractor will deliver the lights to the SFVAMC and will coordinate with the SFVAMC to deinstall the existing lights and replace (install) with the new lights, reusing existing cabling. The Contractor will provide all equipment, materials and labor for the deinstallation/ installation.

This will be a firm fixed price supply purchase, to include installation, and is estimated at , as follows:

OR Lights / Quantity List Price

1 Triple Aurora 4 Camera Ready (1)

2 Triple Aurora 4 Camera Ready (1)

3 Triple Aurora 4 Camera Ready (1)

Dual Aurora 4 Camera Ready (1) Single Aurora 4 (1)

7 Triple Aurora 4 Camera Ready (1)

Subtotal

Deinstall/Install

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Trade-in Existing Lights

Vendor Discount

Total

All work must be completed within 60 calendar days from the date of award.

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;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

Project stakeholders have determined it is in VA patients’ best interest not to compete this requirement so as to minimize procurement timeline and ensure minimal disruption to critical operations performed at the SFVAMC. NCO 21 will award a sole source purchase order to the service-disabled veteran-owned small business (SDVOSB), Alliant Healthcare Products, as authorized in statue Veterans Administration Acquisition Regulation (VAAR) 806.302-5-70:

Noncompetitive procedures for verified small business concerns owned and controlled by veterans.

(a) Full and open competition need not be provided for when awarding a sole source contract with a verified SDVOSB or a verified VOSB in accordance with 819.7007 or 819.7008 as authorized. Pursuant to FAR 6.302-5(c)(2)(ii), the justification and approval requirements of FAR

6.303 and 6.304 apply.

(b) Noncompetitive procedures for contracts below the Simplified Acquisition Threshold. When entering into a contract with a verified small business concern owned and controlled by veterans for an amount less than the simplified acquisition threshold, a contracting officer may use procedures other than competitive procedures. (Cite: 41 U.S.C. 3304(a)(5), as authorized by 38 U.S.C. 8127(b)).

(c) Sole source contracts above the Simplified Acquisition Threshold. (Cite: 41 U.S.C. 3304(a)(5), as authorized by 38 U.S.C. 8127(c)). A contracting officer may award a contract to a verified small business concern owned and controlled by veterans using procedures other than competitive procedures if—

(1). Such concern is determined to be a responsible source with respect to performance of such contract opportunity;

(2) The anticipated award price of the contract (including options) will exceed the simplified acquisition threshold, but will not exceed $5 million; and

(3) In the estimation of the contracting officer, the contract award can be made at a fair and reasonable price that offers best value to the United States.

36C261-20-AP-3095 Page 3 of 4

The purchase order will be awarded above the Simplified Acquisition Threshold, but meets the requirements of VAAR 806.302-5-70 (c)(1)(2)(3), as follows:

(1) Alliant Healthcare Products is a responsible source with respect to performance of such purchase order opportunity as demonstrated by the firms the following:

• Verified SDVOSB status in the VA’s Vendor Information Pages (VIP).

• As Federal Supply Schedule (FSS) holder (contract no. V797D-50441), determined responsible by the U.S. General Services Administration.

• Selected by Skytron LLC as its exclusive authorized SDVOSB partner for products sold by Skytron

(2) The estimated award price will not exceed $5 million; and

(3) In the estimation of the Contracting Officer, this purchase order will be made at a fair and reasonable price and is in the best interest of the U. S. Government.

Per the above statute, a sole source award to a SDVOSB firm is authorized.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

As detailed in the Skytron Letter of Supply (Exclusivity), date August 27, 2018, Alliant Healthcare is the exclusive SDVOSB partner for products sold by Skytron. Subject to the terms of the distribution agreement, Alliant Healthcare is authorized to purchase products from Skytron and resell them to the Federal Government on an Open Market basis or, where applicable, through Alliant Healthcare’s ECAT, DAPA, or MSPV contracts.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable:

The cost to the government will be considered fair and reasonable to make an award. An Independent Government Cost Estimate (IGCE) has been prepared and the Skytron’s published Price List for supplies is available to establish price reasonableness. The Contracting Officer will compare Alliant Healthcare’s quote to the IGCE and Skytron’s published Price List to determine the quoted price reasonable in accordance with FAR 13.106-3 (2)(iii) and (vi).

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted

Upon receipt of the letter of exclusivity from Skytron, Market Research was conducted on 4/9/2020, utilizing the VIP database and the Systems for Award Management (SAM) database, to determine Alliant Healthcare’s status for award with the VA. It was determined Alliant Healthcare is registered and verified in both databases, with no exclusions. As this is a sole source procurement, no further Market Research was conducted.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

Replacing the lights on the otherwise fully operational Skytron booms is more economic, in both cost and effort, than replacing the Skytron booms with a different mounting system with equivalent salient characteristics.

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

Alliant Healthcare Products (SDVOSB) and J. M. Keckler Medical Co. (small business).

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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:

As Alliant is the exclusive SDVOSB reseller for Skytron products, no actions are planned at this time.

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.

Date Chief Biomedical Engineer San Francisco VA HCS

13. Approvals in accordance with VHA Policy:

a. Contracting Officer: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer

b. One Level Above the Contracting Officer: I certify the justification meets requirements for other than full and open competition.

NCO 21/ Branch Chief Construction Team II