36C24522Q0465_1.docx

Justification and Approval Notice Justification and Approval Notice

GENERAL INFORMATION

BASE NOTICE TYPE

Washington DC VAMC Contract office 50 Irving St NW Baltimore MD 21201

POINT OF CONTACT*

stephanie.henderson3@va.gov stephanie.henderson3@va.gov

AWARD INFORMATION

MODIFICATION NUMBER

LINE ITEM NUMBER

AWARDEE ADDRESS LINE 1*

AWARDEE ADDRESS LINE 2*

AWARDEE ADDRESS LINE 4*

ADDITIONAL INFORMATION

AGENCY’S URL

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AGENCY CONTACT’S EMAIL ADDRESS

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DESCRIPTION

Acquisition Plan Action ID: 36C24522AP1444

1. Contracting Activity:

Department of Veterans Affairs, VISN 05, Washington DC Medical Center 50 Irving St NW, Washington DC 20422, PR# 688-22-2-8292-0156.

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

This procurement is for durable medical equipment needed to resupply DC stock. The equipment is ordered monthly, based upon current need. The equipment is warehoused and delivered to veteran patients for their personal use, under a separate contract. The equipment was previously purchased from a NAC BPA with Invacare, the manufacturer. The Invacare contract has expired, and a new contract is being negotiated. However, the need to keep the stock supplied for patients’ home use still exists. Delaying the purchase of the equipment until the new contract is awarded will have a detrimental effect on veteran’s health.

Firm fixed price contract POP 5/27/22-11/30/22 Option period 1 12/1/22-5/30/23.

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

Supplies to be acquired have an estimated value of $xxxK for the base 6months, and one 6 month option.

Delivery Date : Initial order to be delivered within 10 days, and once a month after that for the base six months.

4. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

( ) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements ( X ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

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

In order to maintain standards of patient care, a sole-source award to Invacare would be in the best interest of the VA. To delay the award to meet competition requirements would be detrimental to patient health. The durable medical equipment is kept in stock in order to accommodate the health and mobility needs of the veterans upon discharge form the hospital. Without this equipment, the impact to the physical and mental health of the veteran would be deeply impacted.

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

Sources Sought Synopsis: A Sources Sought on ebuy RFQ1547038 was issued on 3/21/22, to identify any contract vendors that offered Brand name or equal product descriptions- received 5 interested responses(SDVOSB) Pisces Healthcare Solutions, (SB)Aracent Healthcare, (SB)GF Health Products, (SDVOSB)Trition Light Medical, (SDVOSB) D.V Jahn Inc all either responded to provide Brand products and Brand Name or Equal products. However, the manufacturer, Invacare is a large business. There is no waiver under NAICS 339113. The need for this product is urgent. Soliciting the product would have negative impact on patient health. The proposed action will be a sole-source to Invacare.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated cost will be considered fair and reasonable based on the pricing history and review of publically posted pricing, previous FPDS awards, GSA catelog prices, and previous IFCAP price history.

8. Description of the Market Research Conducted:

Reviewed and identified VIP resulting in 325 SDVOSB under NAIC 339113. Reviewed NAIC and PSC results. Reviewed Non-manufacturer waiver- no waiver. Domestic Supply are available. Reviewed ebuy RFI- 2+SDVOSB and 2 SB responded interested (not all items on contract). Reviewed GSA Contracts found 182 vendors with GSA contracts. Reviewed DSBS resulted- found 0. Reviewed SAM similar requirement not found. Reviewed expired NAC contract. Reviewed FPDS found multiple awarded service contracts. Review FPDS total contract total award value. Reviewed GSA catalog pricing for 3-6 items on contract. Reviewed NAC expired contract prices. Reviewed pricing provided by customer quote and RFI responses. Pricing found fair and reasonable. Reviewed 19 interagency contract results- 0 BPA/IDC/NAC options found for 36C245. Sole-Source JA signed. Recommend FAR 13 sole-source to Invacare.

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

Domestic end product is available.

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

(SDVOSB) Pisces Healthcare Solutions, (SB)Aracent Healthcare, (SB)GF Health Products, (SDVOSB)Trition Light Medical, (SDVOSB) D.V Jahn Inc all either responded to provide Brand products and Brand Name or Equal products.

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: None. Due to the urgency of the requirement, a sole-source award will be made to Invacare.

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.

Justification and Approval Notice