Brand Name Only Justification.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items

Effective Date: 11/15/24 Page 1 of 4

REVISION: 01

Acquisition ID#: 36C262-25-AP-2623

DEPARTMENT OF VETERANS AFFAIRS

BRAND NAME JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C262-25-AP-2623

1. Contracting Activity: Department of Veterans Affairs, Veterans Integrated Services Network (VISN)

22, Network Contracting Office (NCO) 22 on behalf of VA Greater Los Angeles Healthcare System (VAGLAHS). VAGLAHS is located at 11301 Wilshire Blvd, Los Angeles, CA 90073. 2237 transaction number 691-25-2-685-0050.

2. Nature and/or Description of the Action Being Processed: This procurement is for Ceiling Patient Lifts (brand name only) manufactured by Guldmann Inc. 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.

The purpose of this action is to justify the purchase of brand name only ceiling patient lifts. This is a new requirement that will be procured from the open market with sufficient sources available to support a SDVOSB set-aside that will result in the award of a firm-fixed-price (FFP) contract.

3. Description of Supplies Required to Meet the Agency’s Needs: VAGLAHS has a requirement to purchase 103 additional Guldmann Patient Ceiling Lifts, brand name only, for an estimated contract value of $1,672,720.00 (no option years) with a 90-day delivery from receipt-of-award. Guldmann is the same brand name as the patient ceiling lifts VAGLAHS currently has on-site. This is a dropship only requirement. Installation will be performed by the US Army Corps of Engineers separately.

4. Statutory Authority Permitting Restricted Competition: Federal Acquisition Regulation (FAR) 13.5

Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

(X) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): VAGLAHS is requesting this brand name only purchase to maintain consistency and streamline operations. Their current inventory of Guldmann ceiling patient lifts has proven to be of high quality and reliability, meeting the Government’s needs and expectations. By purchasing additional units of the same brand, VAGLAHS can ensure consistent user experience for their caregivers and patients. This consistency simplifies training, maintenance, and troubleshooting, as VAGLAHS can rely on the same performance and specifications as their existing units. Additionally, it eliminates the need to adapt to different interfaces or operational procedures, which can be time-consuming and potentially disruptive. VAGLAHS understands that purchasing the same brand may sometimes involve a premium, but VAGLAHS believes the benefits of consistency and familiarity outweigh the cost in this instance. This approach reduces the risk associated with introducing new products and ensures a

Effective Date: 11/15/24 Page 2 of 4

Acquisition ID#: 36C262-25-AP-2623 smoother workflow for the VAGLAHS team. Furthermore, it allows VAGLAHS to maintain a high standard of quality throughout their operations, which is crucial for their continued success.

Accordingly, Guldmann Inc. is the only brand name capable of providing the supplies described in Section three (3) above without VAGLAHS experiencing a substantial duplication of cost, estimated at $250,000.00, that could not be expected to be recovered through competition. This is based on taking into account an scenario where the purchase price for the equal product is the same as the brand name product; then adding the cost of technical evaluation of the equal product prior to contract award; the operational cost for initial and ongoing training to familiarize the caregivers to the equal product; operational cost for integration of the equal product; new maintenance contracts, and total efficiency loss; which is close to 15% in savings in total acquisition and operational cost.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Effort was taken to identify as many potential sources as practicable. Request for Information (RFI) notice number 36C26225Q1013 was posted by Contracting Officer on 06-12- 2025 at the Governmentwide Point of Entry (GPE) at https://sam.gov/. The purpose of this RFI was to assist in determining if sources capable of satisfying the agency's requirement for this procurement exist. This RFI was issued with an archive date of 30 days to allow maximum opportunity to Service-Disabled Veteran-Owned Business (SDVOSB)/Veteran Owned Small Business (VOSB), and all small business sources, to identify themselves as having the capabilities and consider responding before and after a solicitation is released. There are a total of five (5) responses to this RFI received by the Contracting Officer (CO): three (3) SDVOSB responses, one (1) small business response, and one (1) Women Owned Business (WOSB) response.

Two (2) SDVOSB respondents and one (1) WOSB respondent stated their intent to offer an equal product. These (3) sources offer the same equal product. This equal product cannot fulfill this requirement because this product is other than the brand name required.

One (1) SDVOSB respondent and one (1) Small Business (SB) respondent stated their intent to offer the required brand name product. This SB is the Original Equipment Manufacturer (OEM) for the required brand name product. The product these two (2) sources intend to offer are a match to the requested Brand Name product.

With the intent to identify more potential sources, the Contracting Officer (CO) reviewed the results of recent market research undertaken to meet similar or identical requirements. As a result, the CO identified a similar acquisition that resulted in award to another SDVOSB, contract number 36C26223C0291, award dated 09/28/2023, for delivery of 184 Guldmann patient ceiling lifts to Phoenix VA Healthcare System.

A total of two (2) SDVOSB sources and one (1) SB source (OEM) were identified as sources capable of satisfying the agency’s requirement with the requested brand name product. Three (3) other sources were identified as sources offering one (1) equal product.

Per 13.106-1(b)(2) posting requirement, the contracting officer will attach this justification to the solicitation to ensure transparency in addition to compliance with the Federal Acquisition Regulation

(FAR).

https://sam.gov/

Effective Date: 11/15/24 Page 3 of 4

Acquisition ID#: 36C262-25-AP-2623

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The CO can rely upon the expectation of price competition among interested and capable concerns to conclude that the successful offeror’s price will be fair and reasonable in accordance with FAR 13.106-3 (a) (1).

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted: Per FAR 10.001(a)(2), VAAR 810.001-70, and VAAM M810.002-70 market research was conducted from 04-17-2025 to 07-17-2025 in support of a new requirement with an estimated value in excess of the simplified acquisition threshold $250K. An RFI notice number 36C26225Q1013 was posted by the CO on 06-12-2025 at the Governmentwide Point of Entry (GPE) at https://sam.gov/. In addition to the RFI, the CO reviewed the results of recent market research undertaken to meet similar or identical requirements. Based on market research, the CO determined that there are at least two (2) SDVSOB concerns who are likely to submit offers for this brand name only procurement, who are capable of performing the work required by this procurement, and a contract award is likely to be made at a fair and reasonable price.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None.

10. Listing of Sources Interest in the Acquisition: The following sources appear qualified and interested in fulfilling this requirement -

Firm 1: Premier Medical Distributors, LLC. (SDVOSB) Firm 2: Interior Fusion, LLC. (SDVOSB) Firm 3: Guldmann, Inc. (Small Business and OEM)

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: The CO will perform market research methods and techniques in accordance with FAR Part 10, VAAR 810, and VAAM M810 to seek new available source before making subsequent acquisitions.

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.

Trixie R. Guillergan Date Staff Nurse VHA Nursing https://www.acquisition.gov/far/part-10 https://www.va.gov/oal/library/vaar/vaar810.asp https://dvagov.sharepoint.com/sites/VACOOALALF/ALFA/SitePages/VAAM.aspx?reg=M810

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Acquisition ID#: 36C262-25-AP-2623

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.

Edgar Alvizar Date Contracting Officer

NCO 22

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.

Cecil S. Nichols Date NCO 22/Supply 2 Branch Chief

c. Network Contracting Office (NCO) 22 Director of Contracting (DoC) Review (Required by Ops

Manual Part 1205 para. 2.4.1): I certify the justification meets requirements for other than full and open competition.

Sabrina Smith Date Director of Contracting/NCO 22

d. Veterans Health Administration (VHA) Regional Procurement Office (RPO) Head of

Contracting Activity (HCA) Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve ($750K to $7.5 million (or $15.0 million for acquisitions described in FAR 13.500(c)) for other than full and open competition.

Curtis M. Jordan Date Executive Director, RPO West Head of Contracting Activity (HCA) https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx