36F79718D0369-003.pdf

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: 36C256-20-AP-2447_

(1) Contracting Activity: Department of Veterans Affairs, Network Contracting Office (NCO16), G.V. Sonny Montgomery VA Medical Center, 1500 E. Woodrow Wilson Avenue, Jackson, MS 39216.

The purchase request for this acquisition is: 586-20-3-2002-0118.

(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 is an emergency procurement which requires immediate action to support the President’s declared National Emergency in response to COVID-19. VISN 16 needs Anesthesia Workstations to support its COVID-19 emergency operations. The intent is to immediately award a sole source firm-fixed-price contract with a required delivery taking place as soon as possible. The proposed sole source information is detailed below:

Order against: FSS Contract Number: 36F79718D0369

Name of Proposed Contractor: Draeger Medical, Inc.

Street Address: 3135 Quarry Road City, State, Zip: Telford, PA 18969 Phone: 504-908-3234

(3) Description of Supplies or Services: The products being procured are 7 each Draeger Apollo Anesthesia Systems that are fully integrated and equipped with the necessary hardware and software:

Standard floor unit – 2 vaporizers. cylinder holders & pressure regulators, gas hoses & adapters, endotracheal suction, Paw gauge, auxiliary O2 flowmeter, flexible bag arm, writing tray, halogen lamp, heated breathing system, integrated gas analyzer, and centralized braking system.

E-Vent plus Ventilator – electrically driven piston ventilator provides Volume Control, Pressure Control, Synchronized Volume & Pressure Control (both with optional Pressure Support), Pressure Support and Volume Autoflow modes of ventilation and capable of Tidal Volumes of 5.0cc in all volume ventilation modes.

Heated breathing system – enables delivery of low to minimum fresh gas flows without moisture accumulation.

Vaporizers- Sevoflurane with filling adapters and Desflurane Vaporizers.

These systems are for the G.V. Sonny Montgomery VA Medical Center (VAMC), Jackson, MS. The contractor will provide all necessary labor, parts, transportation and equipment needed for installation of the Apollo Anesthesia System. A Clinical Application Specialist will provide training for the Anesthesia providers. The value of this

VHAPM Part 808.405 6 Limiting Sources Page 2 of 4 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020 proposed action is $594,396.67.

(4) Identify the Authority and Supporting Rationale:

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

As stated, this requirement is to support the VISN16 COVID-19 emergency response.

There is no time to compete this requirement because the Jackson, MS VAMC, and other medical facilities throughout VISN 16 and the Nation, are experiencing a significant surge in patient volume due the COVID-19 pandemic. Due to the nature of this national emergency, the VA is in competition with every healthcare organization in the nation for supplies and equipment, and many suppliers have depleted stocks with many items on backorder with excessive delivery leads times. If additional time were to be taken to compete this action, there is a very high risk that no product would be available to address VA’s immediate urgent need, severely impacting the medical center’s ability to provide direct patient care.

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:

Per FAR 8.404(d) GSA has already determined the prices of supplies under schedule contracts to be fair and reasonable and ordering activities are not required to make a separate determination of fair and reasonable pricing. The prices quoted for this emergency action are in accordance with the contractor’s established contract and considering that VA requires immediate award to support the COVID-19 emergency

VHAPM Part 808.405-6 Limiting Sources Page 3 of 4 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020 response, it has been determined that this order represents the best value to the Government.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted.

Due to the COVID-19 pandemic, award of this action is needed immediately to address direct patient care and to ensure patient/employee safety at the highest possible levels.

As a result, limited market research was conducted among FSC 65 II A; SIN A-44 to find the first available source that meets the technical requirement, including information from the requestor, that could provide the Draeger Apollo Anesthesia Workstations or similar at the fastest timeframe and at a reasonable price.

(7) Any Other Facts Supporting the Justification: VISN 16 awarded a competitive VISN-wide contract (VA256-14-F-3608) to Draeger Medical for the Innovian as its ARK (Anesthesia Record Keeping) System. The anesthesia system purchased must be in all respects compatible with Innovian Anesthesia, Draeger’s Anesthesia Information management systems (ARK) that is installed at VISN 16 locations. The data must flow seamlessly into the ARK from the anesthesia system. Although Innovian Anesthesia and other information systems will interface, to the degree made possible by the manufacture with most anesthesia machines, not all machines are manufactured to be optimal for use with an anesthesia information system as Draeger’s anesthesia machines. Draeger Medical is the only manufacturer of the Apollo Anesthesia System and it is proprietary and available only through Draeger or an authorized distributor, if applicable.

(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:

As stated above, this requirement must be processed on a sole source basis to support VA’s COVID-19 emergency response. Future procurements that are not processed under urgent and compelling circumstances will be competed.

(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.

SIGNATURE DATE

NAME TITLE SERVICE LINE/SECTION

Vonda K Gorden 230763

Digitally signed by Vonda K Gorden 230763 Date: 2020.04.30 08:53:40 -05'00'

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

FACILITY

(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 Date Network Contracting Office 16

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.

Branch Chief, Supply Team Date Network Contracting Office 16

Sheila D.

Reed 383041

Digitally signed by Sheila D. Reed 383041 Date: 2020.04.30 08:59:00 -05'00'

CLAY K JONES 685130

Digitally signed by CLAY K JONES 685130 Date: 2020.05.01 11:29:41 -05'00'