Attachment 1 FAR 13 Brand Name Justification - Over SAT Linkorall.pdf

VHAPG Part 813 Simplified Acquisition Procedures Attachment 1: Request for Brand Name Only Justification

AP: 36C247-22-AP-3324

Last Updated: 02/01/22

DEPARTMENT OF VETERANS AFFAIRS

BRAND NAME ONLY JUSTIFICATION UNDER SIMPLIFIED PROCEDURES

Acquisition Plan Action ID: 36C247-22-AP-3324

1. Contracting Activity: Department of Veterans Affairs, NCO 07

VA2237: 534-22-4-783-0117

2. Nature and/or Description of the Action Being Processed: Proposing a Firm Fixed Priced contract for supplies under FAR 13.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This procurement is for the Ralph H. Johnson VAMC Likorall Overhead Patient Lifts and motors replacement for patient care areas: 3BN, CLC, 4A, ER, 3BS, 4BN, Education room, Specialty Clinic, and CT Exam Room. Contractors will have access to 6-8 rooms per day. The requirement is specifically for the name-brand mechanical and electrical system Likorall Overhead Lift and motor. This is necessary for 100% compatibility, functionality, and replacement of Likorall Overhead Lift and motor that support all RHJVAMC’s safe patient handling and mobility system.

4. Statutory Authority Permitting Restricted Competition:

FAR 13 Simplified Procedures. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13 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:

(X) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( ) 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

(X) Brand Name Only

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Due to existing equipment and safety guidelines, it is necessary for 100% compatibility, functionality, and replacement of Likorall Overhead Lift and motor that support all RHJVAMC’s safe patient handling and mobility system. This will minimize requirement for training, maintenance, and uniformity within the medical center. If other equipment was to be used, this would potentially cause undue harm to VA patients and employees. Only the Likorall product line will meet the requirements.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Market research was conducted to determine if there were any authorized distributors for the Likorall brand name. The Manufacuter of the Likorall brand informed us that there are multiple authorized distributors available for this line of products.

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

Reasonable: Requirement will be competed via SAM.gov.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted: A search was conducted on GSA for potential sources. The OEM of the product line, Hill-Rom, currently holds a GSA Schedule, but the requested items are not available on their GSA Schedule. The OEM was contacted to determine if there were any authorized distribators for the Likorall product line. We were informed that there are several vendors authorized by them to sell and maintain the Likorall product line.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Due to the requirement that the new equipment shall match the existing equipment, only the likorall product line can be procured for this acquisition. Changing the current equipment would lead to increased training and maintenance requirements.

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

a. Janz Corporation, SDVOSB

b. Electra-Med Corporation, SDVOSB

c. Geo-Med, LLC, SDVOSB

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: In order to expand competition, the current patient lift system would have to be replaced. This could potentially cause undue harm to VA patients and empolyees.

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.

Name Date Title Facility

Supervisory Management & Program Analyst

Valencia Brown

Ralph H. Johnson VAMC

April 19, 2022

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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

Chelsea L. Smith Date Contracting Officer, GA Services

NCO 7

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

James E. Boles Jr. Date Branch Chief, GA Services

NCO 7

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