AP 2932 JA_Redacted.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification Template >SAT-$7.5M under FAR13.5

Effective Date: 02/01/2022 Page 1 of 4

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C259-22-AP-2932

JOFOC Tracker #: 2022-05-18T07:05:54

1. Contracting Activity: Contracting Activity: Department of Veterans Affairs, VISN 19, Network

Contracting Office 19, 6162 South Willow Drive, Greenwood Village, CO 80111

Organizational Activity: Eastern Colorado Healthcare System (ECHCS), 1700 North Wheeling Street, Aurora CO, VISN: 19; Station: 554.

2237: 554-22-3-081-0256

2. Nature and/or Description of the Action Being Processed: This Brand Name Firm-Fixed-Price procurement is for the install of new Philips IntelliVue X3 patient transport monitors at the ECHCS 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. The action being reviewed and approved is a Brand Name Justification for Philips IntelliVue X3 patient transport monitors to replace outdated IntelliVue X2 monitors that are no longer sold by Philips.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This requirement is for the install of new Philips IntelliVue X3 patient transport monitors at ECHCS.

The estimated cost of the same brand and full functioning system is

The estimated delivery is 10 days ARO

4. Statutory Authority Permitting Restricted Competition:

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

(X) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security

Effective Date: 02/01/2022 Page 2 of 4

( ) Public Interest

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Philips is the sole manufacturer capable of providing IntelliVue X3 patient monitoring system to meet the requirements to function in the existing facility’s patient monitoring system. Phillips no longer sells any IntelliVue X2 items and they are reaching the end of their life cycle in December 2025. The Philips IntelliVue system utilizes proprietary hardware and software. Equipment or software of a different manufacturer would not interface with the existing systems, would not be compatible or interchangeable with the configuration of the installed Philips patient monitoring system, and would require the replacement of existing equipment. Purchasing a different brand name would require facility-wide changes to infrastructure (data cabling), new servers, hardware, etc.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: ECHCS was provided with a list of authorized SDVOSBs for the Phillips products. Emails were sent to all authorized distributors by Contract Specialist on 06/17 to verify.Of the three vendors identified only two responded. Responses are in the Briefcase with meta tag P02.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated price is expected to be fair and reasonable based on competition. If competition is not received, the price will be determined to be fair and reasonable in accordance with the procedures of FAR 13.106-3(a)(2).

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted: ECHCS has specifically reached out to Philips for distributors.

Phillips provided a list of SDVOSBs that could provide for this requirement. On 22 April 2022 ECHCS contacted Anne Paquette from Alliant Healthcare Products apaquette@allianthealthcare.com requesting a market research quote. ECHCS also asked for their Capability Statement and Letter of Authorization, which she provided. The quote and other supporting documents are in the Briefcase with meta tag P03. On 22 April 2022 ECHCS contacted Jason Goldberg from Four Points Technology, LLC jgoldberg@4points.com requesting a market research quote. ECHCS also asked for their Capability Statement and Letter of Authorization, which she provided. The quote and other supporting documents are in the Briefcase with meta tag P02. An email was sent to both vendors to confirm that they are authorized distributors for Phillips North America, LLC. Both vendor responses are in the Briefcase with meta tag P02. Emails were sent to all authorized distributors by Contract Specialist on 06/17 to verify. Responses are in the Briefcase with meta tag P02. Competition is expected to be received for this requirement. Market Research indicates there are at least two companies that are capable of fulfilling this requirement.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: There are no other facts supporting the use of other than full and open competition.

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

Four Points Technology (SDVOSB) 14900 Conference Center Drive Suite 100 Chantilly, VA 20151

Effective Date: 02/01/2022 Page 3 of 4

Alliant Enterprises (SDVOSB) 2140 Oak Industrial Drive NE Grand Rapids, MI 49505

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:

Competition is anticipated to be received for this requirement.

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.

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

a. 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.

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx

Effective Date: 02/01/2022 Page 4 of 4

c. Network Contracting Officer 19 Director of Contracting: I certify the justification meets requirements for other than full and open competition.

d. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve ($750K to $7.5 million (or $15.0 million for acquisitions described in FAR 13.500(c)) for other than full and open competition.