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36C26318Q9933 Justification for Brand Name_Philips Upgrade_Part806.3_FAR6_OVER_SAT_Signed adb_Redacted.pdf

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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-8386, Philips Patient Monitoring System Upgrade.

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office 23, 1303 5th St.

Suite 300, Coralville IA 52241.

Requesting Activity: Black Hills VA Health Care System.

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

This procurement is to upgrade software, hardware and peripheral components of the existing patient monitoring system and is 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. This procurement is to be awarded as new, firm fixed price contract.

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

Department of Veterans Affairs VISN 23 Black Hills VA Healthcare System in Fort Meade and Hot Springs has identified a need to upgrade its existing patient monitoring system that is designed and manufactured by Philips Healthcare. The estimated value of this requirement is . The order will include delivery, installation, planning and coordination with the Patient Monitoring Team, functionality configuration, testing, training and demonstration. Implementation of the above will be planned and coordinated by both parties.

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

The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C.

1901 and is implemented for restricting competition on this procurement via FAR 13.106-1(b)(2).

Only one Brand-Name Manufacturer and No Other Brand-Name Supplies or Services Will Satisfy Agency Requirements per 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):

The Black Hills VA Healthcare system has a need to procure the materials and services necessary to upgrade the existing patient monitoring system in their Telemetry, ICU and Emergency Departments at the Fort Meade and Hot Springs facilities. The system currently being used is copyrighted and produced by Philips Healthcare and enables networking and communication between individual

OFOC SOP Revision 08 Page 2 of 4 Original Date: 03/22/11 Revision 08 Date: 04/18/2018 patient monitor devices with computers at central stations. Additionally, health information and data is transferred to the VA Network and patient records.

This upgrade applies mostly to: software, security, interfacing improvements, visual tool improvements for monitoring cardiac and patient stability, database support, media kits, video upgrades, clinical configurations, connectivity, wireless telemetry, some hardware changes, and new computer monitors. Current patient monitoring units will remain (software will be upgraded).

Established cabling will remain. Some computers will remain (software will be upgraded).

Some components of this upgrade are implemented via remote connection using Philips Remote Services Platform.

The current patient monitoring system is well integrated with the VA System. It has been vetted and has been determined to meet VA technical needs and security specifications. Its ability to interface with, and transfer data to, our VA network accurately and reliably is established. The hospital providers, IT, ISO, Biomedical Engineering personnel have been trained and are familiar with it.

Philips and the VA have established remote access infrastructure allowing Phillips to remotely perform preventive maintenance and security measures and problem detection.

Philips Healthcare has an established and active ISA-MOU (Information Security Agreement Memorandum of Understanding) and BAA (Business Associate Agreement) currently in place with the VA.

The proprietary nature of the existing system’s software packages by Philips prohibit any attempt to address the system’s deficiencies with an upgrade by a different company.

And, to replace the whole patient monitoring system as established and described above, would amount to a duplication of cost to the government that is not expected to be recovered through competition.

The only firms capable of supplying Philips Healthcare upgrades to Philips Patient Monitoring Systems without incurring duplication of cost are Philips Healthcare and its authorized distributors who sell its brand-name products.

Therefore, this office concludes that this upgrade package with its brand-name line items, are essential as the description of this requirement and precludes consideration of a product manufactured by another company.

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

Philips Healthcare and its authorized distributors are the only firms capable of satisfying this requirement. The company has confirmed they sell their own product and that they have multiple authorized distributors. are service disabled veteran owned small businesses. There is an email to this effect from Philips uploaded in the briefcase of the requirement.

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

Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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.

Name Date Title Facility

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Name Date NCO/PCO XX Duty Title

Facility

DARRYL W MOON

324732

Digitally signed by DARRYL W

MOON 324732

Date: 2018.09.04 14:01:33 -05'00'

Adam J. Barnes 1038906 Digitally signed by Adam J. Barnes 1038906 Date: 2018.09.04 14:21:42 -05'00'

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