36C24920Q0160-001.pdf

VHAPM Part 813.106 Page 1 of 2 Original Date: 08/30/17 Revision 01 Eff Date: 04/23/2018

DEPARTMENT OF VETERANS AFFAIRS

Name Brand Justification For

Over Micro-Purchase Threshold but Not Exceeding the SAT ($250K)

Acquisition Plan Action ID: 36C249-20-AP-1239

1. Contracting Activity: Department of Veterans Affairs, VISN 09, Memphis VA Medical Center, 614-

20-2-560-0072.

2. Brief Description of Supplies/ Services required and the intended use/Estimated Amount: This is a name brand request to purchase accessories for a facility wide communications system for the Memphis VA Medical Center. These accessories will allow the service to expand their current communication system to include an additional twelve nursing units. Alarm and event notifications will be configured and deployed to these nursing units to expand patient care. This procurement is estimated at $110,920.70.

3. Unique characteristics that limit availability to only one source, with the reason no other supplies or services can be used: This requirement is a name brand request to purchase accessories for a communication system already in use at the Memphis VA Medical Center. On 9/19/2018 a facility wide communications system was purchased using PO 614C80302 at $1,255,967.08. The service would like to purchase accessories for this system that must integrate with the existing equipment.

The same brand must be purchased for the nursing units to be able to expand patient care. No other brand of equipment would be compatible with either the hardware or software components of the existing system. During a medical pandemic it is vital that nurses have the capability to expand the number of patients that can be monitored by expanding the communication system to include more nursing stations.

4. Description of market research conducted and results or statement why it was not conducted: A

VIP search was conducted using NAICS code 334220 with key words charging station with six SDVOSB/VOSB vendors returned. These results will not be used at this time. This is a brand name only requirement to purchase accessories such as badges and charging stations for a Vocera Communications system already purchased by the Memphis VA Medical Center. The small business manufacturer of the Vocera Communications system was contacted and provided a list of only two Service-Disabled Veteran Owned Small Business authorized distributors. When asked about the roles that the SDVOSBs played in product distribution the manufacturer stated the SDVOSBs did not take ownership or possession of the item(s) with its personnel, equipment or facilities in a manner consistent with industry practice as required IAW 13 CFR 121.406(b)(iii). For an SDVOSB to be considered a nonmanufacturer this criterion must be met. The VA Rule of Two cannot be met because the application of the non-manufacturer rule to the SDVOSB vendors disqualify them from being classified as a nonmanufacturer. Due to the application of the non-manufacturer rule, this procurement cannot be set aside for SDVOSB opportunities.

VHAPM Part 813.106 Page 2 of 2 Original Date: 08/30/17 Revision 01 Eff Date: 04/23/2018

A search conducted on GSA revealed this product to be on contract GS-35F-0858N by one of the SDVOSB authorized distributors, Government Marketing & Procurement. The other SDVOSB authorized distributor, Alvarez & Associates have this requirement on contract NNG15SD19B through SEWP. Searches in IFCAP showed a past purchase history with Alvarez & Associates for the facility wide Vocera Communications system purchased on 9/19/2018 with purchase order 614C80302 at $1,255,967.08. The manufacturer stated they do not sell direct in the federal marketplace. There are only two sources available that can provide this requirement. Both SDVOSBs have been disqualified from being classified as a non-manufacturer. Because this procurement cannot be set aside for SDVOSB opportunities, a 2268 will be filled out with a request for full and open competition on an unrestricted basis. To maximize competition, the Contracting Officer has determined an open market solicitation will be posted on Beta Sam, with the expectation of obtaining quotes from both authorized distributors.

5. Contracting Officer's Certification: Purchase is approved in accordance with FAR13.106-1(b). I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Keith Nestinger Date Contracting Officer https://acquisition.gov/far/current/html/Subpart%2013_1.html#wp1125466