36C25019R0057-014.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For

Other Than Full and Open Competition

Arjohuntleigh Patient Lifts

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office (NCO)

10, 3140 Governor’s Place Blvd, Suite 210, Kettering, OH 45409.

The requesting Agency is VISN 10, VAMC Medical Center, Engineering Service (138), 3200 Vine Street, Cincinnati, OH 45220.

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

Engineering Service is requesting approval to use other than full and open competition to solicit a Brand Name Only for the Arjohuntleigh Patient Lift System, for use on Project No.

539-326, Relocate Community Living Center, Phase 4. This project will be awarded as a new Firm-Fixed Price contract. This Justification and Approval (J&A) is submitted pursuant to the authority of 10 U.S.C 2304 (c) (1) or 41 U.S.C. 253 (c) (1), which provides that full and open competition need not be obtained where there is “only one responsible source and no other supplies or services will satisfy agency requirements.” Federal Acquisition Regulation (FAR) Part 6.302-1(c) “Only one responsible source and no other supplies or services will satisfy agency requirements.”

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

The subject project involves the construction of a new Community Living Center with 16 new patient rooms constructed with patient lift systems, as required to allow the Nursing Staff to safely move the patients without injury to patient or staff member. The existing Community Living Center patient rooms have patient lifts manufactured by Arjohuntleigh.

Due to staff familiarity from a functional and maintenance standpoint, it would be in the best interests of the Medical Center to construction these new rooms to match the existing treatment rooms on the Unit – which includes a patient lift system by the same manufacturer as those currently on the unit; this will include material and labor of: Patient lift system with straight line track, Model LD10011- Maxi Sky 600 Fixed 4 Function with Carry Bar. Patient lift system with traversing track, Model 700.5570.33 Maxi Sky 1000 with 4 Point Hanger Bar. The Estimated Value of the Arjohuntleigh Patient Lift System is $180,000. The Estimated Value of the Community Living Center, Phase 4 Project is $6,157,436.

4. Statutory Authority Permitting Other than Full and Open Competition:

(X) (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 ( ) (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):

Nursing staff rotate among the patient treatment areas. Therefore, it is important from a patient care perspective to keep the equipment consistent for the Unit. Such consistency is a critical element in providing efficient and safe patient care. Arjohuntleigh owns the proprietary rights of the equipment which is installed throughout the Cincinnati VAMC.

Since the Community Living Center Nursing Staff is familiar with the operation of the existing Arjohuntleigh Patient Lift Units currently being used in their unit, it is in the Medical Center’s best interest to install matching patient lift systems in the new patient bed rooms.

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

Research has shown that in the industry, it is standard for each patient lift manufacturer to have their own unique functions and operations, which puts a burden on the Nursing Staff to have mix of different manufactures through a single unit. There is just too much at risk from a patient safety standpoint to attempt to intermingle manufacturers on patient lift system.

This solicitation will be publicized via Federal Business Opportunities (FedBizOpps). The Approved J&A for Arjo Patient Lift System will be posted with the solicitation.

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

Determination of fair and reasonableness of cost will be based upon a complete price analysis and Independent Government Cost Estimate. The anticipated cost will be considered fair and reasonable. This project will be issued as an Request for Proposal (RFP).

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

Reasons Market Research Was Not Conducted:

Market research has been previously conducted for prior projects, concerning this subject.

Arjohuntleigh patient lift systems are currently located throughout the entire hospital.

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

Maintenance, while secondary to the issues of patient and staff safety, is another important factor to consider. Engineering is charged with maintaining these units. A malfunctioning unit needs to be placed back into service as quickly as possible. Attempting to introduce a different manufacturer with different operational and functional requirements would no doubt compromise the ability of maintenance staff to respond to their tasks efficiently.

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

See Section 6 above.

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:

Solicitations for future requirements will utilize “brand name or equal” language, if it is in the Government’s best interest to do so. The current requirement must be solicited using a brand name description because the Government needs to create an exact copy of a system/item that is currently in use.

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.

_____________________________ 08/05/2018 Jeb Bower Date Project Engineer, Engineering Service VAMC – Cincinnati, OH

13. Approvals in accordance with FAR 6.304

Contracting Officer's Certification: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. I certify the justification meets requirements for other than full and open competition.

Julie Stout Date Contracting Officer Network Contracting Office (NCO) 10

VHAINDStoutJ Typewritten Text 9/6/2018