36C26318C0115-001.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 08 Page 1 of 4 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: VA263-18-AP-6433

1. Contracting Activity:

Department of Veterans Affairs, Network Contracting Office 23, 2501 W 22nd Street, Sioux Falls, SD 57105-5046. 2237 #636-18-4-2301-0555

Place of Performance:

VA Nebraska Western Iowa Health Care System 4101 Woolworth Avenue Omaha, NE 68105-1850

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

This is an individual sole source justification and approval for the procurement of biomedical equipment maintenance services to support the VA Nebaska-Western Iowa Health Care System. The independent government cost estimate (IGCE) for the procurement is $50,250.00 for the base period of performance from 08/01/2018 to 07/31/2019. The procurement will include four one-year option periods for an ultimate completion date of 07/31/2023. The total IGCE to include all periods of performance is $251,250.00.

Firm fixed price, base plus four option years service contract for the following service: Maintenance service contract for Aeroscout Environmental Monitoring System – VA Nebraska Western Iowa Health Care System.

FAR13.5 Simplified Procedures for Certain Commercial Items:

This procurement is for a firm-fixed price contract with base year plus four option years with Stanley Healthcare, in accordance with Federal Acquisition Regulation (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.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: VA anticipates one (1) firm fixed price contract for the services. The contract will cover preventative maintenance, calibration, and activation of temperature/humidity devices and monitoring of temperatures to ensure maintenance of sterile and hygenic environements for sterile processing procedures. Furthermore, the monitoring of refrigerated spaces will ensure that research and biopsy samples are not compromised by food-borne pathogens. Tags must have batteries replaced and calibration must be

OFOC SOP Revision 08 Page 2 of 4 Original Date: 03/22/11 Revision 08 Date: 04/18/2018 checked with Stanley MobileView program annually. This service will cover a total of 402 Environmental Monitoring tags.

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

41 U.S.C. §3304(a)(1), as implemented by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

FAR13.5 Simplified Procedures for Certain Commercial Items: The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. §1901 and is implemented by for restricting competition on this procurement via FAR 13.106-1(b)(2).

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 equipment is highly sensitive and specialized. The purpose of this equipment is to maintain highly sterile and hygenic environments that also helps remove food-borne pathogens in refrigerators and ensures research/ biopsy samples are not compromised. A malfunction of this equipment will create unsterile environments that could create misdiagnosis and the spread of unsafe pathogens. The manufacturer holds parts and service information as proprietary. There is no third party service available for full coverage of the equipment, unless engineered or refurbished parts are used, which is unacceptable to VA medical equipment standards. Only Original Equipment Manufacturer (OEM) repair parts may be utilized. If services were performed via third party vendor, all liability would be the responsbililty of the VA Nebraska Western-Iowa Health Care System. Only Stanley Healthcare has access to required proprietary software keys, parts, repair processes and factory trained and authorized maintenance personnel to perform required services on this highly specialized system. Only Stanley Healthcare performs maintenance services on equipment produced by them. Stanley Healthcare does not sponsor a maintenance distributorship program nor do they sell their products/services through any other vendor. The VA does not allow reverse engineered or refurbished parts to be utilized in its medical equipment. Third party contractors do not have access to Stanley Healthcare repair processes nor software systems currently installed in the subject monitoring equipment.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Market research was conducted; however, it was determined that only Stanley Healthcare can provide the required maintenance services as the OEM. To provide fair opportunity The government posted the notice of Intent to Sole Source on www.fbo.gov on 5-21- 2018 with response deadline of 5-29-2018. As part of this notice, the government gave prospective vendors the opportunity to provide capability statements and documentation from proprietary rights holder Stanley Healthcare that they as third parties could provide this service. Upon passing of deadline, no repsonses were received.

OFOC SOP Revision 08 Page 3 of 4 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

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

Average costs for monitoring of environmental sensors is between $123 - $147 per sensor based on recent pricing for expenditures spent by commercial sector hospitals with OEM. The informal quote from the OEM is for $124.37 per sensor, which is just at the low end of the average cost per sensor, thus making the price fair and reasonable.

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

Market research efforts within Vendor Information Pages (VetBiz), GSAdvantage, Small Business Administration (SBA), System for Award Mangement (SAM) and past procurement data resulted in the determination that no other contractors are present or capable of performing this service. Only Stanley Healthcare performs maintenance services on equipment produced by them. Stanley Healthcare does not sponsor a maintenance distributorship program nor do they sell their products/ services through any other vendor. It has been determined that only the manufacturer, Stanlely Healthcare, can provide the required monitoring, maintenance and repair services.

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

Not Applicable

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

Stanley Healthcare Stony Brook Office Park, 130 Turner Street, Suite 700 Waltham, MA 02453

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:

Market research conducted resulted in no contractor, other than the OEM, being available or qualified to perform the requested maintenance service. Four (4) option years are requested for approval due to only Stanley Healthcare, the OEM, being able to perform this service.

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.

James Mazurek Date Biomed Engineer VA Nebraska-Western Iowa Health Care System

James M.

Mazurek 219986

Digitally signed by James M. Mazurek 219986 Date: 2018.07.06 13:55:57 -05'00'

OFOC SOP Revision 08 Page 4 of 4 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Douglas Reed Date Contracting Officer Network Contracting Office 23 – Services Team

b. One Level Above the Contracting Officer: I certify the justification meets requirements for other than full and open competition.

Kelly Nussbaum Date Branch Chief

Network Contracting Office 23

Douglas H.

Reed 1114517

Digitally signed by Douglas H. Reed 1114517 Date: 2018.07.09 08:41:33 -05'00'

Kelly E. Nussbaum 246222

Digitally signed by Kelly E.

Nussbaum 246222 Date: 2018.07.09 09:02:38 -05'00'