36C25219Q0589-002.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For Other Than Full and Open Competition (>SAT)

Brand Name Only

Acquisition Plan Action ID:

36C25219AP1291

Contracting Activity:

Department of Veterans Affairs

Great Lakes Acquisition Center, NCO-12

115 South 84th Street, Suite 101

Milwaukee, WI 53214-1476

Captain James A. Lovell FHCC

3001 North Green Bay Road

North Chicago, IL 60064-3048

2237 Number:

556-19-2-2993-0022

Nature and/or Description of the Action Being Processed:

This is a justification and approval for a brand name only procurement which will be awarded as a new firm-fixed-priced purchase order for GULDMANN, INC. patient lift motors that will be used in in-patient rooms at the Captain James A. Lovell FHCC.

FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement is for

GULDMANN, INC. patient lift motors, brand name only, in 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.

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

The following GULDMANN, INC., brand name only, is required to meet the Agency’s Needs:

LINE

ITEM

ITEM NUMBER / DESCRIPTION

QTY

552157 / GH3 + 550 lbs patient lift motor with hand control and hanger bar, GH3 adapter trolley (fully installed & weight tested and certified)

552108 / GH3 (1100 lbs) Twin bariatric lift motor with hand control and hanger bar, GH3 adapter trolley (fully installed & weight tested and certified)

552155 / GH3+ 770 lbs lift motor with scale , hanger bar and hand control (fully installed & weight tested and certified)

552155 / GH3+ 770lbs Traverse patient lift system 4 meter x 4 meter

(fully installed & weight tested and certified)

55237 / GH manual Combi-Lock,cpl set with bracket and adapter kit

(fully installed & weight tested and certified)

Vendor shall be willing to provide a credit for each functioning hoist converted and relinquished (estimated quantity 156)

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;

FAR13.5 Simplified Procedures for Certain Commercial Items:

The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41

U.S.C. 1901 and is implemented by for restricting competition on this procurement via FAR

13.106-1(b)(2).

Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition

Requires the Use of the Authority Cited Above (applicability of authority):

The GULDMANN, INC. patient lift motors, brand name only, will be utilized in the in-patient rooms throughout the Captain James A. Lovell FHCC. Currently, FHCC uses GULDMANN, INC. patient lifts that includes rails already installed. This requirement is to replace the motors for the patient lifts and Combi-Locks. As the rails are not being replaced, other ceiling lift motors will not fit into the existing rail systems. All slings that are used are provided by GULDMANN, INC. as well, and the FHCC staff competency is based on GULDMANN, INC. products. A different brand will cause entire refresh of training/competency and incompatibility with the existing rails. A new construction project would have to be initiated to replace the railings in all the units which would take considerable amount of time and resources. All slings and other components must be interchangeable with lifts in rest of the hospital. Due to FHCC use of the

GULDMANN, INC. brand, front line staff caregivers are able to reinforce their annual ceiling lift competency training through daily use of equipment to facilitate patient care. Also, the FHCC facility technicians are educated to repair and maintain the equipment, including being certified.

The existing motors are failing frequently with parts no longer available. The existing motors are

7-8 years old and out of lifecycle. This has significant impact on patient care and staff injuries are occurring because of broken lift systems.

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

The Contracting Officer conducted in-depth market research, resulting in three (3) SDVOSB authorized distributors of GULDMANN, INC., a small business manufacturer, capable of fulfilling this requirement.

Determination by the CO that the Anticipated Cost to the Government will be Fair and

Reasonable

The CO anticipates the cost will be considered fair and reasonable i/a/w: FAR 13.106-3(a)(1)

Based on Competition.

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

Reasons Market Research Was Not Conducted:

VIP search was conducted using the search criteria of NAICS Code: 339113, the search resulted in three hundred eighty-eight (388) matches. A second search was conducted using the search criteria of NAICS Code: 339113 and the Keyword: GULDMANN, the search resulted in two (2) matches.

Ability One website search was conducted; Ability One does not provide the requirement.

FSS search conducted, resulting in no vendors that provide the requirement on an FSS contract.

Communicated with manufacturer, GULDMANN, INC. Great Lakes Regional Manager, and was advised of three (3) SDVOSB authorized distributors:

1) PROGRESSIVE X-RAY, INC. (DUNS: 96-183-7791) – SDVOSB verified in VIP.

2) VETS ACCESS, LLC. (DUNS: 19-330-8439) – SDVOSB verified in VIP.

3) INDUSTRIAL MAINTENANCE SERVICE, INC. (DUNS: 11-729-7366) – SDVOSB

verified in VIP.

Non-Manufacturer Rule (NMR): Definition - for small business set-asides, other than for construction or services, any concern proposing to furnish a product that it did not itself manufacture, must furnish the product of a small business manufacturer unless the SBA has granted a waiver. If the IGCE is less than $250,000.00 the NMR does not apply, and a set aside shall be sought. If the IGCE is equal to or greater than $250,000.00 the NMR applies.

The IGCE is greater than $250,000.00, and the SBA has not granted a waiver, although the manufacturer, GULDMANN, INC., is a small business manufacturer. Therefore, the NMR does not apply to this procurement.

Based on the information provided above, this procurement will be fulfilled by issuing a Brand

Name Only, Total SDVOSB Set Aside, Request for Quotation onto FBO i/a/w: FAR 13.5.

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

n/a

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

PROGRESSIVE X-RAY, INC. (DUNS: 96-183-7791).

VETS ACCESS, LLC. (DUNS: 19-330-8439).

INDUSTRIAL MAINTENANCE SERVICE, INC. (DUNS: 11-729-7366).

GULDMANN, INC. (DUNS: 04-057-6451).

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:

n/a

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.

Reji John

Health System Specialist

Office of the Nurse Executive (118)

Captain James A. Lovell

Federal Health Care Center

Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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.

Thomas H. Chesak

Contracting Officer NCO-12

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.

Daniel Rasmussen

Equipment Team Branch Chief NCO-12 http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx