Brand Name Only Justification - Patient Ceiling Lifts.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C257-24-AP-0591 JOFOC Log Number: FY24 – NCO 17 - 751

1. Contracting Activity: Department of Veterans Affairs, VISN 17, West Texas VA Health Care System (WTVAHCS), 300 Veterans Blvd., Big Spring, TX 79720. Purchase Request Number: 519-24-2-984-0024 ($492,976.00). Patient Ceiling Lifts - Big Springs.

2. Nature and/or Description of the Action Being Processed: This procurement is for a new firm-fixed price contract for the acquisition of Brand Name Only Patient Ceiling Lifts in accordance with FAR

13.5 Simplified Procedures for Certain Commercial Items. The West Texas VA Health Care System is upgrading and installing thirty-seven (37) new Patient Ceiling Lifts in four different areas of the hospital to include the Community Living Center (CLC), the Physical Medicine and Rehabilitation Service (PM&RS), Radiology, and Nuclear Medicine. The PM&RS rooms require the dual capability ceiling lift function and a biodynamic offloading function to support rehabilitative activities. In order to maintain an effective Safe Patient Handling and Mobility (SPHM) Program, Veterans Affairs requires consistency in the equipment being procured in accordance with the Safety Patient Handling and Mobility Guidebook. Buying similar lifts that provide the same functions, instead of different types of lifts can impact employee competency, sling location, sling application and ultimately patient and employee safety. The ceiling lift capability, coupled with the biodynamic offloading function provided by Guldmann Ceiling Lifts in the PM&RS rooms is a critical capability to this procurement.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Contractor shall remove and replace 28 outdated patient ceiling lifts, install nine (9) new patient ceiling lifts, and provide two (2) 825lb extra motors. Current ceiling lifts were installed on multiple floors of the main building in 2009. The lifts are unsupported by the manufacturer and require to be replaced.

Requirement includes removal, installation, planning, and Engineer Drawings in accordance with Statement of Work (SOW). Estimated value is $492,976.00 and does not include options. Period of Performance is 180 Days after notice to proceed is issued. Description of supplies and salient characteristics include:

• Seven (7) 550 Lbs. Patient Ceiling Lifts in accordance with the SOW.

• Six (6) 605 Lbs. Patient Ceiling Lifts with Positioning Locks and Rehabilitation Training

Function in accordance with SOW.

• Twenty-Four (24) 825 Lbs. Patient Ceiling Lifts in accordance with the SOW.

• Two (2) 825 Lbs. Replacement Motors.

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 for Guldmann GH3 patient ceiling lifts. Market research conducted concluded that there is no other brand name that is capable of meeting the needs of the requirement. While multiple solutions can meet many of the performance criteria, this requirement includes the capability to support mobility by offloading part of the patient’s weight or by stabilizing in one place.

Market research identified that only the Guldmann GH3 ceiling lift can provide this capability as defined below. Given the requirement to have one system for staff training, operations, maintenance and interoperability, the network of ceiling lifts must be the same. Multiple vendors can provide these brand name lifts.

Specifically, the positioning lock is necessary to stabilize someone for balance or gait work or to secure a pannus sling in the correct position. The bio-dynamic offloading in the Trainer module can give the patient help while they stand up, or roll themselves over, in a way that a was not found in other ceiling lifts. The Guldmann GH3 ceiling lifts possess the capability for the following function to support bio-dynamic offloading:

a. Therapy Trainer Module- The manufacturer must also be able to provide a dynamic, dual mode (standard ceiling lift operating mode and dynamic active weight loading/unloading mode) and therapy training module system that is able to support up to a maximum 605 lb. lifting capacity.

This therapy training module must be able to dynamically unload up to 100kg of patient body weight in an active manner/mode in which the caregiver is able to initiate, monitor, and control the trainer module on the integrated hand control. This module must be able to be turned on and off by the caregiver on the integrated hand control/digital scale displaying total patient weight level relieved and training time duration.

b. GH3 Positioning Locks- Two locks per system that are activated/deactivated by separate infrared remote control which have the capacity to lock the ceiling lift motor and traverse rail independently or separately. These locks are optional but highly desirable when added to the Therapy Trainer Module system or in any setting in which the end user desires to lock individual components of the system for clinical use.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: The manufacturer of the required lift system prefers that Government buyers purchase through its distributors. Guldmann has provided information stating that there are several SDVOSB’s that are authorized to re-sell and service all of Guldmann’s equipment to be installed.

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 submitted. 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: IAW Veterans First Program, 38 U.S.C 8127, Rule of Two, market research was conducted using FPDS, GSA Advantage, VIP, and SBA. Guldmann provided several SDVOSB’s that are authorized to re-sell and service all of Guldmann’s equipment to be installed. Due to the proprietary nature, Guldmann Inc. or an approved partner reseller is the only authorized company able to provide or maintain the requested equipment. However, GSA, VetBiz, SBA, and FPDS websites were used to determine if there were any other vendors capable of providing these products. A search of the VetBiz.gov Registry website using NAICS code 339113 and keywords “ceiling lift” resulted in 19 SDVOSB vendors. A search of past Patient Contracts awarded in FPDS yielded 9 SDVOSB vendors that may be capable of providing this requirement.

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 the Therapy Trainer Module as a Patient Ceiling Lift option.

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

Interior Fusion LLC 7261 Bryan Dairy Rd Largo, FL 33773

Premier Medical Distributors 141 Chapel Ridge Circle Myrtle Beach, SC 29588

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 at least three (3) third party resellers who are authorized to resell and 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 hand.

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.

Date

Jasmin D. Gutierrez Safe Patient Handling and Mobility Program Manager West Texas VA Health Care System

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.

Jose D. Campa Date Contracting Officer NCO 17 – Regional Procurement Office West https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx

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.

Isela P. Loveless Date Branch Chief-Contracting Officer

NCO 17 – Regional Procurement Office West