Limiting Sources Justification.pdf

Request for Limited Sources Justification Format >SAT

VHAPG Part 808.405-6 Limiting Sources Page 1 of 4 Revision: 01 Effective Date: 09/01/2024 Acquisition ID#: 36C262-25-AP-3137

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID: 36C262-25-AP-3137

(1) Contracting Activity: Department of Veterans Affairs, Network Contracting Office 22, located at 4811 Airport Plaza Drive, Suite 600, Long Beach, CA 90815, in support of Tibor Rubin Medical Center, VISN 22 VA Long Beach Health Care System (VALBHS) located at 5901 E. 7th St., Long Beach, CA 90822 under 2237 transaction number 600-25-3-112-0204.

(2) Description of Action: This acquisition is conducted under the authority of the Multiple- Award Schedule Program (41 U.S.C. 152(3) and 40 U.S.C. 501). The VALBHS has a new requirement for a single award Blanket Purchase Agreement (BPA) which needs justification and approval to limit sources and award under FAR 8.405-6(a)(1)(B) for the lease of Wound Vacuum Systems.

Order against: FSS Contract Number: 36F79723D0119

Name of Proposed Contractor: Solventum dba KCI USA, Inc. (KCI)

Street Address: 12930 W INTERSTATE 10

City, State, Zip: SAN ANTONIO, TX, 78249

Phone: 210-284-1525

(3) Description of Supplies or Services: The VALBHS has a base year plus four (4) option years rental requirement for Wound Therapy Vacuum Rental Units to provide Negative Pressure Wound Therapy (NPWT) service at the Tibor Rubin VA Medical Center. The estimated value of the proposed action is an estimated base year total price of $167,290.75 for base year and an estimated total of $836,453.75 for a base year and four (4) option years.

The contractor shall provide Rental Services of Negative Pressure Wound Therapy Wound Vacuums (NPWT) that will include but is not limited to pumps, canisters, specialized dressings, and accessory equipment as may be deemed to be necessary. The NPWT systems will be provided within the prescribed turn-around times to Logistics to be distributed to the inpatient care areas of the facility. The contractor shall place on-site nine (9) NPWT pumps to have on-hand for immediate inpatient needs. The contractor will provide servicing of the NPWT system while on the inpatient units as needed/requested. The contractor will also provide retrieval of https://www.acquisition.gov/far/part-8#FAR_8_405_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-chap5-subchapI-sec501.pdf

VHAPG Part 808.405-6 Limiting Sources Page 2 of 4 Revision: 01 Effective Date: 09/01/2024 Acquisition ID#: 36C262-25-AP-3137 the NPWT systems and decontamination within the prescribed turnaround time after patient discharge. The contractor shall also provide NPWT systems within twenty-four (24) hours of order placement. The contractor shall retrieve NPWT systems within twenty-four (24) hours of notification and always maintain minimally nine (9) NPWT pumps in Supply Chain Services (SCS) Distribution Department 24/7.

(4) Identify the Authority and Supporting Rationale:

FAR 8.405-6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays:

FAR 8.405-6(a)(1)(B): Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized; Re quest for Information (RFI) number 36C26225Q0532 was posted on February 26, 2025, at the Government Point of Entry (GPE), Federal Business Opportunities (FBO) website, https://sam.gov/. The purpose of this RFI was to assist in determining if sources capable of satisfying the agency’s requirement exist. Smith & Nephew,Inc. (“S&N”), Large Business, SAM ID number CTUCAM8YJL36, responded to the RFI and indicated they are the OEM for the wound vacuum product they intent to provide described as Renasys NPWT. The Renasys NPWT does not meet one (1) Salient Characteristic listed in the “Salient Characteristics” document attached in the RFI Notice. The Salient Characteristics attached in the RFI Notice states the requires Wound Vacuum “Shall have option for Instill Therapy.” S&N stated in the response to RFI Notice that the product they intend to provide “is an integrated wound management system but does not provide an instillation option.” KCI, Large Business, SAM ID number T3QQPHLGT375, indicated they are the OEM for the wound vacuum product they intent to provide described as V.A.C. Ulta. The wound vacuum product they intent to provide meets all the Salient Characteristics including the instillation option. KCI indicated they have a current contract to provide the wound vacuum product that they intend to provide for this procurement under the General Services Administration (GSA) Federal Supply Schedule (FSS) contract number 36F79723D0119. No sources that offer products besides Renasys NPWT and V.A.C Ulta were identified as a result from Market Research.

FAR 8.405-6(a)(1)(C): In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures.

FAR 8.405-6(b): Items peculiar to one manufacturer:

https://www.acquisition.gov/far/part-8#FAR_8_405_6 https://www.acquisition.gov/far/part-8#FAR_8_405_6

VHAPG Part 808.405-6 Limiting Sources Page 3 of 4 Revision: 01 Effective Date: 09/01/2024

A patent, copyright or proprietary data limits competition. The proprietary data is:

These are “direct replacements” parts/components for existing equipment.

The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing.

(5) Describe Why You Believe the Order Represents the Best Value consistent with FAR 8.404(d) to aid the contracting officer in making this best value determination: The CO determined that KCI is the only identified contractor that can provide the required supply and service that represents the best value. This best value determination is based on price reasonableness and special features of the supply required for effective program performance (Salient Characteristics) that can only be met by KCI.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted. Two (2) Large Business sources and one (1) SDVOSB source submitted information as a result of RFI number 36C26225Q0532.

Based on response from KCI, Large Business, the CO has determined that the product from KCI meets the Salient Characteristics and an offer from KCI could result in award of a contract at a fair and reasonable price. Based on response from Smith & Nephew,Inc., (“S&N”), Large Business, the CO has determined that the product from S&N does not meet all Salient Characteristics and an offer from S&N and their product could not represent best value. Based on response from Acute Response Inc. (“ARI”), SDVOSB source, the CO has determined that the product from ARI meets the Salient Characteristics, but their pricing does not represent best value. The pricing information provided in their response could not result in award of a contract at a fair and reasonable price. The CO determined that KCI is the only identified contractor that can provide the requires supply and service that represents the best value. This determination is based on price reasonableness and special features of the supply required for effective program performance (Salient Characteristics) that can only be met KCI.

(7) Any Other Facts Supporting the Justification: None.

(8) A Statement of the Actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made: Consideration was provided during market research to Small Business Opportunities IAW The VA’s contracting order of priority is set forth in VAAR 819.7004.

The CO considered first SDVSOB sources, followed by VOSBs (including SDVOSBs), then small business concerns using the priorities and preferences in 819.203-70 and VAAR subpart 819.70 and found no support for a small business set- aside.

VHAPG Part 808.405-6 Limiting Sources Page 4 of 4 Revision: 01 Effective Date: 09/01/2024

(9) 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. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4.

Contracting Officer Representative/SIGNATURE DATE

Lovely F Ventura, Health System Specialist (Surgical)

NAME AND TITLE

(10) Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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

CONTRACTING OFFICER SIGNATURE/SIGNATURE DATE

Edgar Alvizar, Contracting Officer ______________________________

NAME AND TITLE FACILITY/NCO/PCO

b. One Level Above the Contracting Officer (Required when >$250K - $7.5 Million): I certify the justification meets requirements for other than full and open competition.

SIGNATURE DATE

Cecil S Nichols, NCO 22/Supply 2 Branch Chief

03/21/2025 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM2/VHAPM_Part_806.3.aspx https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM2/VHAPM_Part_806.3.aspx