36C25618C0135-001.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For Other Than Full and Open Competition

Acquisition Plan Action ID: VA256-18-AP-2353

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office 16, Michael E DeBakey VA Medical Center (MEDVAMC). Clinical Support Service Line has provided this Justification and Approval for Other Than Full and Open Competition for the procurement for the preventative maintenance for the GE Anesthesia Machines. Purchase Request number 580-18-3-255-0938.

2. Nature and/or Description of the Action Being Processed: Request a new firm fixed priced contract for Sole Source procurement to Metropolitan Medical Services, for service for GE Anesthesia Machines Service Contract. Located in Bldg. 100 for a period of performance July 1, 2018 to June 30, 2019. Plus four 12 Month Option Periods.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The preventative services are required to maintain the equipment in a functioning state to allow its use in the MEDVAMC. The original equipment manufacturer is General Electric (GE). Government requires trained personnel to service GE equipment, contractor with the capability to obtain Original Equipment Manufacturer parts, and software to provide preventive maintenance and support services to meet the agency need. Any delay in maintenance to GE Anesthesia Machines would mostly likely result in cancelled procedures. Scope of repair and maintenance is beyond expertise of any in-house staff.

Estimated Value: $441,620.00

Base Year: $88,324.00 Option Year 1:$88,324.00 Option Year 2:$88,324.00 Option Year 3:$88,324.00 Option Year 4:$88,324.00

Product Description Device Serial Number Annual PMs Term Months

1 AISYS ANAR05060 2 12

2 AISYS ANAR05061 2 12

3 AISYS ANAS00657 2 12

4 AISYS ANAS00927 2 12

5 AISYS ANAS00600 2 12

6 AISYS ANAS00769 2 12

7 AISYS ANAS00658 2 12

8 AISYS ANAS00804 2 12

9 AISYS ANAS00919 2 12

10 AISYS ANAS00662 2 12

11 AISYS ANAS00661 2 12

12 AISYS ANAS00770 2 12

13 AISYS APWU01631 2 12

14 AISYS APWU01625 2 12

15 AISYS APWU01627 2 12

16 AISYS APWU01630 2 12

17 AISYS APWU01626 2 12

18 AISYS APWU01628 2 12

19 AISYS APWU02633 2 12

20 AISYS APWU02634 2 12

21 AISYS APWU01629 2 12

22 AISYS APWU01624 2 12

23 AISYS APWT00817 2 12

24 AISYS APWT00818 2 12

25 AISYS APWT00819 2 12

26 AISYS APWT02189 2 12

27 AISYS APWT00820 2 12

Total 27: AISYS

1 AESTIVA MRI AMTU00171 2 12

2 AESTIVA MRI AMRQ00262 2 12

Total 2: AESTIVA MRI

1 S5 Compact Airway Module

7014069 2 12

2 S5 Compact Airway Module

6885404 2 12

3 S5 Compact Airway Module

4490987 2 12

4 S5 Compact Airway Module SGV14149262HA 2 12

5 S5 Compact Airway Module SGV14381414HA 2 12

6 S5 Compact Airway Module SGV15300040HA 2 12

7 S5 Compact Airway Module

SGV15290108HA 2 12

8 S5 Compact Airway Module

SGV14149050HA 2 12

9 S5 Compact Airway Module

SGV15300033HA 2 12

10 S5 Compact Airway Module

SGV15300041HA 2 12

11 S5 Compact Airway Module

SGV15290104HA 2 12

12 S5 Compact Airway Module

7014072 2 12

13 S5 Compact Airway Module 7012494 2 12

14 S5 Compact Airway Module 7014052 2 12

15 S5 Compact Airway Module 6885389 2 12

16 S5 Compact Airway Module 7014046 2 12

17 S5 Compact Airway Module 7010139 2 12

18 S5 Compact Airway Module

6340506 2 12

19 S5 Compact Airway Module

6340509 2 12

20 S5 Compact Airway Module

SGV14149261HA 2 12

21 S5 Compact Airway Module

7014060 2 12

22 S5 Compact Airway Module

7014054 2 12

Total 22: S5 Compact Airway Module

Trace Gas Analysis N/A 4 12 Total 22: Trace Gas Analysis

Vaporizer Efficacy Testing N/A 4 12 Total 29: Vaporizer Efficacy Testing

Estimated delivery dates: 07-01-2018

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

FAR Part 13.5 – Simplified Procedures for Certain Commercial Items

(a) Sole source (including brand name) acquisitions. (1) Acquisitions conducted under simplified acquisition procedures are exempt from the requirements in part 6.

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Metropolitan Medical Services of NC, Inc (SB) meet the necessary training, certification and capability to obtain software and part from the Original Equipment Manufacurere OEM) to service government equipment. No other contractor provided communication to the Contract Specialist (Venson Wilkins) or Contracting Officer evidence with the capability to meet government requirement. These GE Anesthesia Machines are used in the OR to deliver and manage the anesthesia dosage for the patient undergoing care. This requires 100% functionality as the anesthesia and other medications delivered keep the patient alive during operation.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Contracting Specialist (Venson Wilkins) previously posted Sources Sought Notice 36C25618Q9085 for a Preventative Service Contract for GE Anesthesia Machines with NAICS 811219, via the Government Point of Entry (GPE)-FedBizOpps (www.fbo.ogv). Resulting in two (2) responses: Metropolitan Medical Services of NC, Inc (SB) and Truss Medical Repair Solutions, Inc (SDVOSB).

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated cost will be considered fair and reasonable from the onset pricing factor from the prior procurement history, other awarded contracts from government agencies, and a published price catalog on the internet to assist the Contracting Officer in conducting price analysis to determine fair and reasonable pricing.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Contracting Specialist posted Sources Sought Notice 36C25618Q9085 for a Preventative Service Contract for GE Anesthesia Machines with NAIC 811219, via the Government Point of Entry (GPE)—FedBizOpps (www.fbo.gov).

Resulting in two (2) responses: Metropolitan Medical Services of NC, Inc (SB) and Truss Medical Repair Solutions, Inc (SDVOSB).

Contract Specialist posted Sources Sought and a draft Statement of Work for any interested vendor to view.

The Contract Specialist conducted a search for possible Ability -One services with NAICS 811219, the outcome resulted no search results.

The Contract Specialist conducted Additional Market Research by forwarding Sources Sought notice 36C25618Q9085 to various SDVOSB/VOSB identified with 811219 NACIS search in VetBiz.

The Contract Specialist confirmed from the Market Research responses that two or more SDVOSBs are not available open market or GSA to provide competitive pricing. Per the guidance for applying VA Rule of Two 38 U.S.C. 8127(d) Supplies and Services before proceeding to an open market purchase

The Contract Specialist per VAAR 819.7004 Contracting Order of Priority. In determining the acquisition strategy applicable to this acquisition strategy applicable to this acquisition.

The Contract Specialist previously considered the order of priority set asides. 1 (one) SDVOSBs and 1 (one) SB communicated the capability to meet the Government’s requirement.

However, further communication with Medical Repair Solutions, Inc (SDVOSB) resulted in contractor responding they were not able to meet the government requirement per the Sources Sought questions forward by the Contracting Officer (Anthony Marion) 05-15-2018.

Contracting Officer, as further Market Research posted Intent to Sole via FBO (See Attached), returning no responses.

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

MEDVAMC GE Anesthesia Machines requires certified technicians with an agreement or certification from the original manufacturer to work on the equipment.

10. 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: The Michael E. DeBakey VA Medical Center will consider, compare, and evaluate any alternative contractors with capability and training from original equipment manufacturer to provide maintenance services.

11. 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.

David Miller Date Biomedical Engineer

MEDVAMC

12. Approvals in accordance with FAR 6.304

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

ANTHONY CP MARION Date

CONTRACTING OFFICER

Network Contracting Office 16

b. P&C: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Le Kisha Douglas Date Branch Chief DIV III SER B Network Contracting Office 16

DAVID T. MILLER

1077149

Digitally signed by DAVID T.

MILLER 1077149

Date: 2018.06.14 10:41:43 -05'00'