36F79718D0321-006.pdf

VHAPM Part 808.405-6 Limiting Sources Attachment 2: Request for Limited Sources Justification Format >SAT

VHAPM Part 808.405-6 Limiting Sources Page 1 of 4 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID: 402-20-2-7011-0027

(1) Contracting Activity: Department of Veterans Affairs, Network Contracting Office 1, VA Togus Medical Center, 1 VA Center, Augusta ME 04330. Purchase Request # 402-20-2-7011-

(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). This requirement for 980 Series Ventilators is being reviewed as an urgent and compelling need for emergency assistance activities in support of the Global Pandemic for Coronavirus Disease (COVID-19). The action is a new requirement.

Order against: FSS Contract Number: 36F79718D0321

Name of Proposed Contractor: Marathon Medical

Street Address: 3251 Lewiston Street, Suite 16

City, State, Zip: Aurora, CO 80001

Phone: 303-339-4305

(3) Description of Supplies or Services:

The estimated value of the proposed action is $823,592.88. The contractor shall provide 980 Series Ventilator Kit PED/Adult (17 each), Cylinder Mount (17 each), Humidifier Bracket (17 each) and Rechargeable Lithium Ion Battery (34 each). The items shall be delivered within six weeks.

(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: Emergency procurement of Ventilators, in support of the Presidents declared National Emergency in response to COVID-19.

VHAPM Part 808.405-6 Limiting Sources Page 2 of 4 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020

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;

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:

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: Contract 36CF79718D0321 is a mandatory contract under GSA VA Schedule 65 II A Category A-49 Oxygen Respirators/Resuscitators. The prices have been determined to be fair and reasonable and a discount is provided by Marathon Medical Corporation. Marathon Medical has the units available and is able to ship within six weeks.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted. The GSA VA Schedule 65 II is a mandatory contract for the purchase of ventilators. Due to the COVID-19 National Emergency, there is limited availability of ventilators and the agency has determined that the 980 Series, which is currently available, is the most appropriate model. The VA Togus is currently utilizing this model and the biomedical team is well versed in the maintenance requirements. Marathon Medical has the availability to ship the ventilators within six weeks. The prices have been determined to be fair and reasonable and the vendor has offered discounts.

(7) Any Other Facts Supporting the Justification: This is an emergency medical procurement under a Presidential declared National Emergency for COVID-19. The ventilators are required to prevent loss of life.

(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: We would normally pursue regular acquisition procedure for this

VHAPM Part 808.405-6 Limiting Sources Page 3 of 4 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020 type of procurement. There are no barriers that lead to the restricted consideration other than the National Emergency related to COVID-19.

(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. (This signature is the requestor’s supervisor, fund control point official, chief of service or someone with responsibility and accountability.)

_____3/20/2020

SIGNATURE DATE

NAME TITLE SERVICE LINE/SECTION

Togus

(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/DESIGNEE’S SIGNATURE DATE

TAMMY DAVIS Network Contracting Office 1

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $700K):

I certify the justification meets requirements for other than full and open competition.

SIGNATURE DATE

VICTOR MARTIN

NCO 1, Branch Chief Services South rvice or someone with respons

GNATURE

Tammy A. Davis 1408639 Digitally signed by Tammy A. Davis 1408639 Date: 2020.03.20 13:23:30 -04'00'

Victor E. Martin 951727

Digitally signed by Victor E.

Martin 951727 Date: 2020.03.20 13:28:19 -04'00'

VHAPM Part 808.405-6 Limiting Sources Page 4 of 4 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020

HIGHER LEVEL APPROVAL (Required for orders over $700,000):

c. VHA RPO HCA Review and Approval (over $700,000 to $68 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for restricting consideration of the Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4.

Name DATE VHA Head of Contracting Activity (HCA)

JOSEPH MALETTA

1347841

Digitally signed by JOSEPH

MALETTA 1347841

Date: 2020.03.20 15:02:08 -04'00'