36C25020Q0900-001.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 09 Page 1 of 4 Original Date: 03/22/11 Revision 09 Date: 04/17/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Requirement Title: Tele ICU/eICU® Bedside Monitoring for VISN 10 at Richard L. Roudebush VAMC in Indianapolis (IN) and Fayetteville VAMC (NC)

Acquisition Plan (ID Number): 36C250 20 AP 2288 VA 2237 (ID Number): 539 20 2 404 0028

1. Contracting Activity:

Department of Veterans Affairs Network Contracting Office (NCO) 10 260 East University Avenue Cincinnati, Ohio 45219 2637

(513) 559 3704 Station Code: 36C250

2. Nature and/or Description of the Action Being Processed: This is a requirement to provide Tele ICU/eICU® remote bedside monitoring for VISN 10 at Richard L. Roudebush VAMC in Indianapolis Indiana (VISN 10) and Fayetteville VAMC in North Carolina (VISN 6).

Philips eICU® is a proprietary capability in which is the only vendor authorized to license or support the Philips eICU Program is Philips Electronics North America Corporation. The government anticipates that sustainment support for future eICU® requirements will be solely provided by Philips Electronics North America Corporation.

FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement is accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303 2.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, other items and non personal services necessary to perform Tele ICU/eICU® new site implementation, perpetual software license procurement and one year sustainment from the go live date to include software sub licenses for fifteen (15) participating beds at ichard L. Roudebush VAMC in Indianapolis Indiana (VISN 10) and six (6) participating beds at Fayetteville VAMC in North Carolina as defined in the performance work statement at an estimated total price of $625,752.00 which includes base and option periods summarized as follows:

Base Period for Richard L. Roudebush VAMC in Indianapolis (IN): Phase B new site eICU implementation for fifteen (15) participating beds with twelve (12) assigned to the intensive care unit (ICU) and three (3) audio visual (A/V) only beds located in the emergency department (ED) at Richard L. Roudebush VAMC in Indianapolis Indiana (VISN 10).

OFOC SOP Revision 09 Page 2 of 4 Original Date: 03/22/11 Revision 09 Date: 04/17/2020

Option One (1) for Fayetteville VAMC (NC): Phase B new site eICU implementation for six (6) participating beds at Fayetteville VAMC in North Carolina (VISN 6).

Option Two (2) for Richard L. Roudebush VAMC in Indianapolis (IN): PHASE C initial eICU® warranty sustainment support for fifteen (15) participating beds with twelve (12) assigned to the intensive care unit (ICU) and three (3) audio visual (A/V) only beds located in the emergency department (ED) at Richard L.

Roudebush VAMC in Indianapolis Indiana (VISN 10).

Option Three (3) for Fayetteville VAMC (NC): PHASE C initial eICU® warranty sustainment support six (6) participating beds at Fayetteville VAMC in North Carolina (VISN 6).

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 41 USC §3304(a)(1) as implemented by FAR 6.302 1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302 2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302 3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302 4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302 5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302 6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302 7.

FAR13.5 Simplified Procedures for Certain Commercial Items: The authority for applying the Simplified Procedures for Commercial Items under FAR 13.5 is 41 U.S.C. 1901 and is implemented for restricting competition on this procurement in accordance with FAR 13.106 1(b)(2).

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): This requirement is being executed under the authority of FAR part 6.302 1 which is entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”. Philips eICU® is a proprietary capability in which is the only vendor authorized to license or support the Philips eICU Program is Philips Electronics North America Corporation. The government anticipates that sustainment support for future eICU® requirements will be solely provided by Philips Electronics North America Corporation.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: This requirement is being executed under the authority of FAR part 6.302 1 which is entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”. Philips eICU® is a proprietary capability in which is the only vendor authorized to license or support the Philips eICU Program is Philips Electronics North America Corporation. The government anticipates that sustainment support for future eICU® requirements will be solely provided by Philips Electronics North America Corporation.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Independent Government Cost Estimate (IGCE) for this requirement was based on the historical unit pricing established under contracts awarded in VISN 10, VISN 23 and the private sector for Tele ICU/eICU® new site assessments, new site implementation and initial sustainment support. The historical unit pricing for VISN 10 was compared with the historical unit pricing established by VISN 23 for their eICU® as well as private sector hospitals to determine the price for this requirement as fair and reasonable in accordance with the Federal Acquisition Regulation.

OFOC SOP Revision 09 Page 3 of 4 Original Date: 03/22/11 Revision 09 Date: 04/17/2020

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research for this requirement was conducted pursuant to FAR Part 10, VA Acquisition Regulation (VAAR) 810.001 70 Market Research Policy, and PPM 2016 05. Initial market research was conducted prior to issuance of the solicitation which resulted in the competitive award of the first contract for this capability to Philips Electronics North America Corporation in calendar year 2010. Additional market research was conducted for eICU® sustainment support in calendar year 2018, 2019 and 2020 with VISN 23 and several private sector hospitals to establish the IGCE as described in the previous paragraph to determine the price for the award of this contract price for this requirement as fair and reasonable.

Review of the Vendor Information Pages (VIP) database was not required in accordance with VAAR Class Deviation 810.001 70 due to this requirement being procured under the authority of under the authority of FAR part 6.302 1 which is entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”.

As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: This requirement is being executed under the authority of FAR part 6.302 1 which is entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”. Philips eICU® is a proprietary capability in which is the only vendor authorized to license or support the Philips eICU Program is Philips Electronics North America Corporation. The government anticipates that sustainment support for future eICU® requirements will be solely provided by Philips Electronics North America Corporation.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: This requirement is being executed under the authority of FAR part 6.302 1 which is entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”. Philips eICU® is a proprietary capability in which is the only vendor authorized to license or support the Philips eICU Program is Philips Electronics North America Corporation. The government anticipates that sustainment support for future eICU® requirements will be solely provided by Philips Electronics North America Corporation.

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: This requirement is being executed under the authority of FAR part 6.302 1 which is entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”. Philips eICU® is a proprietary capability in which is the only vendor authorized to license or support the Philips eICU Program is Philips Electronics North America Corporation. The government anticipates that sustainment support for future eICU® requirements will be solely provided by Philips Electronics North America Corporation.

OFOC SOP Revision 09 Page 4 of 4 Original Date: 03/22/11 Revision 09 Date: 04/17/2020

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.

Joseph M. Torok Date Operations Director VISN 10 Tele ICU Progam Cincinnati VA Medical Center

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

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

Bradley Burhite Date Contracting Officer

NCO 10

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

John M. Ryan Date Branch Chief

NCO 10

JOSEPH M. TOROK 440705

Digitally signed by JOSEPH M. TOROK 440705 Date: 2020.04.24 14:38:46 -04'00'

Bradley K. Burhite 1461180 Digitally signed by Bradley K. Burhite 1461180 Date: 2020.04.24 14:45:15 -04'00'

John M. Ryan 1006633 Digitally signed by John M. Ryan 1006633 Date: 2020.04.24 15:00:09 -04'00'