P03 - JA Brand Name Only (Ceiling Lifts)-DC SIGNED.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 5: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 11 Page 1 of 4 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C257-22-AP-1868 JOFOC Log Number: 2022-03-24T11:18:31

1. Contracting Activity:

The agency responsible for this acquisition is the Department of Veterans Affairs (VA), Network Contracting Office (NCO)17, San Antonio, Texas. The Department of Veteran Affairs proposes to enter into a contract on the basis of justification for other than full and open competition. This contract will be for the Garland and Dallas Veteran Affairs Medical Center (VAMC).

Purchase Request: 549-22-1-205-0123

2. Nature and/or Description of the Action Being Processed:

This procurement is for the acquisition of Brand Name Only ceiling lifts in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items. Guldmann ceiling lifts have been installed in many places throughout the VA North Texas Health Care System. VHA Directive 1611 requires that staff use SPHM technology to keep from lifting over 35 pounds of patient weight, and in areas requiring frequent lifting and mobilization of patients, including CLC patient bedrooms, bathrooms, and therapy gyms, ceiling lifts on room-covering traverses are preferred because they require less space and time than floor lifts, provide more opportunities for repositioning and mobilization than floor-based lifts or straight rail systems, and require less force to move around / cause fewer injuries than floor-based lift equipment.

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

The contractor shall provide all labor, supervision and all other resources required to deliver the requirements stated herein, except as may otherwise be specified in this statement of work. 550-pound advanced ceiling lifts as specified (with fast motion, continuous-charge room-covering rail systems, and tool-free emergency lowering, plus scales or positioning locks where specified) are to be delivered, installed, and tested, in places listed in the location list.

These systems integrate into an existing health care system in which Guldmann ceiling lifts are used to lift, transfer, and reposition inpatients and outpatients. Patients may arrive at any of these locations on a sling or be sent on to another location on a sling applied at these locations.

The estimated contract value (to include any option years): $493,000.00

OFOC SOP Revision 11 Page 2 of 4

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;

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 is a Brand Name Only Requirement and market research conducted has not found any other capable businesses able to meet the needs of the requirement. The Contract Specialist put out a Sources Sought on Contract Opportunities on 02/04/2022 – 02/09/2022 asking if there were any other brands that can meet the requirements needed. Only one other Brand replied stating they could. Upon further discussions on 02/17/2022 the brand “Savaria” clarified that they could not meet the needs of the requirement because there equipment does not have the track locking function. Guldmann is the only brand able to meet the requirement. Guldmann currently has third party vendors who are authorized to sell and install there equipment.

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

A search was conducted using VIP, SDBS, GSA, Ability One, and FPDS.

Searched VIPVET.gov using NAICS “339113” and keyword “Ceiling Lifts” twenty (20) results were returned. Three (3) vendors responded stating they were interested. See VIP Query

Searched SBA quick search using NAICS “339113” and keyword “Ceiling Lifts” and fifteen (15) results were returned.

Contracting Specialist queried mandatory sources for the procurement of supplies Ability One, and no Ceiling Lifts were found.

Searched FPDS “339113” “Ceiling Lifts” and found one hundred nineteen (119) contracts actions for the VA were found.

Searched GSA found twelve (12) SDVOSBs that could fulfill the requirement under SIN 65 II A Category A-76 (Lifts, Patient Equipment for Hospital and Home Use) but only one can supply the Guldmann lifts.

OFOC SOP Revision 11 Page 3 of 4

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

Reasonable:

The Contracting Officer has determined that the anticipated cost will be fair and reasonable by comparing all quotes submited. Pricing will be verified using historical data of similar previous purchases (36C25721P1030 and 36C25719P1542) made by the VA and different government agencies from Guldmann.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

The Contract Specialist put out a Sources Sought on Contract Opportunities on 02/04/2022 – 02/09/2022 asking if there were any other brands that can meet the requirements needed. GSA has twelve (12) SDVOSB who provide ceiling lifts but only one vendor who provides Guldmann equipment. Searched VIPVET.gov using NAICS “339113” and keyword “Ceiling Lifts” twenty (20) results were returned. Three (3) vendors that replied from the Sources Sought are on the VIPVET list. Searched Small Business Administration’s (SBA) Dynamic Small Business Search (DSBS) and fifteen SB’s were identified. Due to three (3) SDVOSB being interested the “Rule of Two” will be met.

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

Guldmann lifts are the only company that offers the positioning locks on an otherwise free-moving traverse and are already installed in the facility.

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

1. 2B Accessibility, LLC 310 Stouffer Avenue Chambersburg, PA 17201 Phone: 1-800-343-1066 Email: bristouffer@yahoo.com

2. FHC Contracting 400 E Contracting, Inc.

Desoto, TX. 75115-8802 Phone: 972-224-3093 Email: www.fhccontracting.com

3. Interior Fusion LLC 7261 Bryan Dairy Rd.

Largo, FL 33773 Phone #: 727.275.1200 Email: lmaness@ifsdv.com

OFOC SOP Revision 11 Page 4 of 4 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

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:

Currently there are atleast five (5) third party resellers who are authorized to install the Guldmann brand equipment. There have been no changes in the marketplace at this time. If another requirement is determined to be needed, market research will be conducted before beforehand.

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.

Marie Martin Date Safe Patient Handling and Mobility Facility Coordinator Facility

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.

Isela P. Loveless

_______03/29/2022_______ Date

Branch Chief - Contracting Officer NCO 17 - Facilities, Engineering, EMS (FEE)

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Date

Jeff S. Morris Chief, Division I NCO 17 - Regional Procurement Office West https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx