-17603.pdf

VHAPM Part 819.7007/7008 Page 1 of 3 Original Date: 08/30/2017 Revision 02 Eff Date: 10/24/2018

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: VA260‐19‐AP‐2545

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office (NCO) 20, 960 Broadway Ave. Suite 460, Boise, ID 83706.

Funding Document (PR) number: 663‐19‐2‐9163‐0537

1. Nature and/or Description of the Action Being Approved: The proposed requirement will be a competitive firm‐fixed price award for one (1) Hologic Bone Density Scanner. The estimated value of the proposed action is $81,000.00.

2. Description of Supplies/Services Required to Meet the Agency’s Needs: The proposed action is to procure a replacement DXA machine for the VA Puget Sound Health Care System (VAPSHCS). The current machine has reached end‐of‐life and the manufacturer will no longer provide support. The VAPSHCS has been using the Hologic DXA machine for numerous years and have accumulated copious historical data measuring body density, bone density, fat percentage, etc. The accumulated data must be maintained for continuity of research efforts. The Hologic scanner will read the data from the older machines and will accommodate 500 lb. people due to the 24‐inch arm span which will allow more patient access.

3. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(5), 38 U.S.

Code § 8127(c), as implemented by FAR 6.302‐5 (Authorized or Required by Statute). COs may use the non‐competitive (sole source) procedures authorized in VAAR 819.7007 or 819.7008 up to $5,000,000. Check the specific VAAR clause used below:

( X ) 819.7007 Sole source awards to a verified service‐disabled veteran‐owned small business;

or ( ) 819.7008 Sole source awards to a verified veteran‐owned small business

4. Demonstration that the Contractor’s Unique Qualifications and/or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

Hologic has 2 small business distributors, DGA Medical and American Medical Depot. DGA Medical is verified as a SDVOSB in VIP however American Medical Depot is not verified as a VOSB in VIP. For that reason, this requirement cannot be competed between the 2 small business distributors of Hologic. VAAR 819.7007 allows sole source awards to SDVOSB/VOSB based on 38 U.S.C. 8127(c).

DGA Medical LLC is the only authorized and verified Service Disabled Veteran Owned Small Business for Hologic equipment and have provided similar equipment to various VA Medical Centers which gives them the necessary capabilities to meet the Government’s needs for this requirement.

VHAPM Part 819.7007/7008 Page 2 of 2 Original Date: 08/30/2017 Revision 02 Eff Date: 10/24/2018

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

Based on the authorities cited in this justification, a sole source award to DGA Medical, LLC is proposed, and the final offer submitted was at a fair and reasonable price for the requested equipment. Other VA Medical Centers have purchased equipment through DGA Medical, LLC at similar prices.

6. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: The Government’s technical experts conducted market research by reviewing other similar scanners. This market research was performed by reading publications a that compared Hologic scanners to others and depended on the experiences and professional judgement of a number of individuals who use the scanner. Based on reviews of other scanners, the Government’s technical experts determined that none of these scanners can meet the Government’s need due to interoperability and compatibility requirements previously discussed. Additionally, none of these other products can accommodate a 500lb. person and a 24” clearance for the scan. Based these market research efforts, the Government’s technical experts have determined that only Hologic brand name scanners can meet all of VA’s needs. A letter from the manufacturer, Hologic, has identified one (1) authorized SDVOSB distributor, DGA Medical, LLC and one (1) VOSB distributor, American Medical Depot (AMD) however as stated in para 4, AMD is not verified as a VOSB in VIP therefore only qualifies as a small business distributor.

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

8. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: The Manufacturer, Hologic, Inc, which is a Large Business. They have 2 authorized distributors, DGA Medical, LLC, verified SDVOSB distributor and American Medical Depot, a Veteran Owned Small business however not verified in VIP.

9. 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 Government will continue to conduct market research to ascertain if there are changes in the market place that would enable future actions to be competed.

10. 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.

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

Brian M Corey Branch Chief, Supply 1

NCO 20

Tracker Number: 2019-08-13T12:25:01