36C25020B0005-091.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For

Other Than Full and Open Competition

Pevco Pneumatic Tube System

Acquisition Plan Action ID: VA250-17-AP-12787

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office (NCO) 10, 260 E. University Avenue, Cincinnati, OH 45219.

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 pneumatic tube system manufactured by Pevco for use on Project No. 539-330, Correct Med Unit Patient Privacy Issues (6th Floor). 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 new inpatient bed rooms, as an expansion of the existing 6th floor Inpatient Bed Unit. In order to tie the new space into the existing space, there will be some relocation of the existing Nurses Station. This includes the relocation of the existing pneumatic tube system, consisting of the receiving/sending station. The Estimated Value of the pneumatic tube system relocation is . The estimated value of the Correct Med Unit Patient Privacy Issues (6th Floor) project is .

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):

The new pneumatic tube equipment necessary to accomplish the relocation that is to be installed as part of this project represent an extension of the existing pneumatic tube system at our facility. As such, each new device must tie into and communicate with the existing pneumatic tube system, which is manufactured by Pevco. Software/hardware conflicts would make it impossible for equipment by another manufacturer to communicate and function with the existing pneumatic tube system.

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 pneumatic tube systems to have their own proprietary software and equipment which prohibits communication between different manufacturers. The Pneumatic Tube System is used to quickly and efficiently deliver samples to the Clinical Lab for testing. Break downs in this system can result in delays in test results which could lead to complications in patient care delivery. There is just too much at risk from a patient safety standpoint; this facility has a Pevco Pneumatic Tube System, and we should only add equipment to it that is manufactured by Pevco. This solicitation will be publicized via FedBizOpps.

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 Invitation for Bid (IFB). Tradeoffs and Evaluation Factors are not applicable for this project.

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

Reasons Market Research Was Not Conducted:

Market research was not conducted. The cost for services will be compared with commercially published price lists and catalogs for similar nurse call systems.

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

Maintenance and system familiarity, while secondary to the issues of patient safety, are other important factors to consider. Engineering is charged with maintaining this system, and Nursing Service & Clinical Lab Service is responsible for administering the system.

Attempting to introduce pieces of equipment from a different manufacturer with different software would no doubt compromise the ability of the pneumatic tube system to operate dependably, and void the system warranty.

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

See Section VI 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.

12/28/2018

Zachary Schmidt Date Project Engineer, Engineering Service VAMC – Cincinnati, OH

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

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

2-24-2019

Ronald T Heidemann Date Contracting Officer Network Contracting Office (NCO) 10 http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx