-17068.pdf

VHAPM Part 819.7007/7008 Page 1 of 3 Original Date: 08/30/2017 Revision 02 Eff Date: 10/24/2018

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C249-19-AP-1780

1. Contracting Activity: Department of Veterans Affairs, VISN 09, Network Contracting Office (NCO) 9, James H. Quillen (Mt. Home) VA Medical Center; 36C249-19-AP-1780.

2. Nature and/or Description of the Action Being Approved: NCO 9 proposes to award a firm fixed-price contract on a sole source basis to TrillaMed, LLC (828126321) in accordance with (IAW) FAR 6.302-5(i) & (ii) as well as VAAR 819.7007 under the authority listed in para. 4 for the below items in para. 3. TrillaMed is an authorized distributor for the items required and a registered Service-disabled Veteran-owned Small Business (SDVOSB). This Justification and Approval will denote the basis for this action and serve as documentation as prescribed by Federal Acquisition Regulations (FAR) to be included in the contract file.

s Needs: James H. Quillen VA Medical Center (JHQVAMC) has a need for a brand-name commercial item authorized for resale by TrillaMed, LLC. The Operon D 860 surgical table is designed to deliver on the increasing demand for flexibility, while providing for an optimal range of applications with its improved mobility and modular design. The Operon is battery-driven and has several adjustment options for positioning the patient. The lift-weight capacity at any articulation in normal orientation allows for use in a variety of cases to meet the needs of the JHQVAMC Operating Room staff and surgeons and has been deemed best-in-class by the appropriate certifying agency. It assists in positioning the patient before and during surgery. In general, these items will help improve the patient care offered to Veteran patients treated by JHQVAMC. Total estimated cost for all items is $346,267.03.

3. 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). Contracting Officer (CO) 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

This award will be made under the utilizing Simplified Acquisition Procedures (SAP) found at FAR Part 13 as authorized by FAR Part 13.5.

4. and/or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

Description of Supplies/Services Required to Meet the Agency'

Demonstration that the Contractor's Unique Qualifications

VHAPM Part 819.7007/7008 Page 2 of 3

Revision 02 Eff Date: 10/24/2018

The authority for this sole source action resides at 38 U.S.C. § 8127(c), and the SDVOSB vendor has demonstrated via past performance that they are a responsible source for the Government to use.

In addition, this SDVOSB meets all the criteria set forth in VAAR 819.7003.

5. 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:

e award is a business decision wholly within their discretion. The Contracting Officer has exercised this discretion judiciously, following all applicable regulations, and has determined this action constitutes the best decision for the Government. This action is exempt from 5.2 Synopses of Proposed Contract Actions IAW FAR 5.202(a)(10)

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

The CO has determined the price offered by the SDVOSB vendor to be fair and reasonable based on the criteria found at FAR 13.106-is was used to determine s proposal. The price of the main item being procured (Operon D held by the manufacturer ($53,047.11 and $52,490.29, respectively). All other pricing matched exactly. In addition, the TrillaMed offered price of $346,012.03 is below the Independent Government Cost Estimate (ICGE) of $346,267.03. When considering all the aforementioned information, the price presented represents a price that any reasonable person would expect to pay when procuring same or similar items.

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

Market Research was conducted at a level commensurate to the complexity of this acquisition IAW FAR Part 10 and the policies found at FAR 7.102 and VAAR 810.001-70. An SDVOSB was found that can supply the items need by the Government. The Contracting Officer has verified the vendor meets the eligibility requirements as outlined in VAAR 819.7003. The vendor is verified in VIP and this action is below the congressionally mandated $5M threshold to award sole source to SDVOSB

IAW 819.7007.

8. Any Other Facts Supporting the Use of Other than Full and Open Competition: None. Authority for this acquisition resides at 38 U.S.C. § 8127(c), as so stated, and IAW VAAR 819.7007.

9. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: TrillaMed, LLC

10. 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:

The Network Contracting Office will continue to work with the end-users to ensure adequate planning and resources are utilized for future similar requirements and explore all possibilities for competition.

The contracting officer's determination to make a sole sourc

3 (a)(2)(i), (iii), and (vi). Existing pricing was found via the VA's National Acquisition Center (NAC) "MedSurg catalog", and a price analys the reasonableness of the vendor' 860 Table) differed by 1.06% from the SDVOSB vendor's proposed amount and the NAC contract

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Revision 02 Eff Date: 10/24/2018

11. 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

Name: JEFFREY HERZOG Title: Chief Supply Chain Officer Facility: James H. Quillen VAMC

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

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

MONICA THOMPSON, GS-13 Date Branch Chief, Supplies

NCO 9

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

ROBERT (BOBBY) KELLNER, GS-14 Date Division Chief, Supplies/Services

NCO 9

{This signature is the requestor's supervisor, fund control point official, chief of service, someone with

J ff A Digitally signed by Jeffrey e rey , A. Herzog 170254

Herzog 170254 ~~~~~019.05.30 10:40:45

Designee's

May 30, 2019