-14367.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 08 Page 1 of 3 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID:

1. Contracting Activity: Department of Veterans Affairs, VISN 16, Michael E.

DeBakey VA Medical Center (MEDVAMC), Network Contracting Office 16, Houston, TX.

2. Nature and/or Description of the Action Being Processed: This is a sole source acquisition of four (4) Hush Slush Machines from Geo-Med, LLC. This action will be awarded as a new firm-fixed-price contract.

This procurement is for supplies 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.

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

MEDVAMC is is procuring four (4) new Hush Slush Machines for operating room expansion. This is a supply procurement only and does not include options. Delivery will be required 30 days after receipt of order. The total estimated cost is

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

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Per the end user, the Hush Slush Automated Surgical Slush System is the only one of its kind. It provides surface mounted on/off controls that allow the scrub nurse to operate the machine in the sterile field. It is also extremely quiet eliminating any unnecessary noise levels within the operating room. The Hush Slush Machine is patented, proprietary technology that is owned by Ecolab. It was developed to improve patient safety and reduce nursing time. In addition, the auto-slush technology prevents sharp chunks of ice from damaging the phrenic nerve.

Market research, as detailed in paragraph #8 below, confirms that the Hush Slush Automated Surgical Slush System is the only product available that can meet VA’s need.

OFOC SOP Revision 08 Page 2 of 3 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: As detailed in paragraph #8 below, an RFI was posted to FBO with the intent of establishing sources to define the procurement strategy for this action.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Prior to award price analysis will be conducted to verify fair and reasonable pricing. Given that the items being purchased are commercial off the shelf products, price risk is low.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: The customer searched the internet and GSA advantage with the intent of identifying a comparable system that may be able to meet VA’s requirements, but none were found. The contract specialist conducted additional market research by posting an RFI to FBO on June 9, 2018, with responses due by June 14, 2018. Then intent of the RFI was to establish sources to define the procurement strategy for this acquisition. The RFI requested responses from sources who could 1) provide the exact brand name Hush Slush machines and 2) provide products which may be determined equivalent to the Hush Slush machines. No sources responded to the posting, indicating that only the Hush Slush machines can meet VA’s need. The contract specialist then contacted the manufacturer Ecolab to discuss the availability of small business distributors.

The Ecolab Senior Marketing Manager provided a letter which states that Ecolab’s single authorized distributor of Hush Slush products is Geo-Med, a service disabled Veteran-owned Small Business. Based upon this market research it was determined that this action would be processed on a sole source basis directly to Geo-Med.

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

None

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

None

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: Prior to awarding future acquisitions for the same or similar products, additional market research will be conducted to determine if market conditions have changed which would enable the competition of the requirement.

OFOC SOP Revision 08 Page 3 of 3 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

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.

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.

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.