Attachment 1 FAR 13.5 Sole Source Justification - Over SAT_BED REPAIR_595_Redacted.pdf

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID:

1. Contracting Activity: Department of Veterans Affairs, VISN 04, Lebanon, PA VA Medical Center

2. Nature and/or Description of the Action Being Processed: The Lebanon, PA VA Medical Center

(LVAMC) has a requirement for a firm-fixed price five-year repair service contract for emergency repairs and remedial service to be performed on the Hill Rom Beds. The ability for the hospital to provide consistent, around-the-clock care to Veterans is of the highest importance. When beds are not repaired or serviced in a timely manner it significantly increases the likelihood of safety issues for patient’s and caregivers.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Lebanon, PA VAMC requires unscheduled remedial services and emergency repairs of the Hill-Rom beds. Suitable loaner equipment must be available upon request to replace contracted equipment if out of service for more than 48 hours. A Field Service Representative (FSR) shall acknowledge receipt of a service call for remedial services and emergency repairs within four hours and shall arrive on the premises to inspect equipment within 24 hours.

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 ( ) 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): Hill-Rom is the only responsible source since they are the manufacturer of the bed and thus the most highly skilled provider to service the beds. This would be a follow-on contract since they were utilized previously for the repair of the beds and there were no issues with the services Hill-Rom provided. Staff around the Lebanon VAMC were highly satisfied with previous service provided by Hill-Rom due to how fast they were able to repair beds and get them back into service to provide quality care to the Veterans.

Hill-Rom does not provide training to other vendors to repair their equipment so they are the most qualified vendor to repair the beds. The Lebanon, PA VAMC also maintains a service contract with Hill-Rom for the nurse-call portion that integrates into the bed so this would reduce down-time since the manufacturer would be the best provider to diagnose all issues with the bed efficiently. If beds are not broken and not repaired efficiently, it runs the risk of the facility having to turn away Veterans or delay the appropriate patient care.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: In an effort to obtain the lowest price technically acceptable, the Lebanon, PA VAMC considered bringing the service in-house and beds would be maintained by the Biomedical Engineering staff. It was found that the specialized skills needed would incur a cost to certify members of the department through training. The cost to replace any malfunctioning parts on broken beds would be unknown and Lebanon, PA VAMC would not be able to adequately budget for time and materials. Rounding through the hospital and various departments for staff who spend a considerable amount of time working with the beds for specialized knowledge and no staff were able to identify other vendors who would be able to provide the service the Lebanon, PA VAMC has already received.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and

Reasonable: Based on the previous award price the new estimated total price of for a base plus four, one-year options is fair and reasonable. The includes an increase in bed units needed. Due to the proprietary nature of the different beds being used, a sole-source vehicle is justified. Additionally, the emergency 48 hour on call repair is a critical function of this requirement and can only be found with Hill-Rom. Without this guarantee, veterans health and comfort would be put at unnecessary risk.

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

Market Research Was Not Conducted: Market research was conducted via GSA for bed repair service and the only provider was Hill-Rom, the manufacturer of the two types of beds housed at the Lebanon, PA VAMC. FPDS showed that the cost of a bed repair service contract was similar at other facilities to the informal quote provided by Hill-Rom. Biomedical engineering staff provided their expert knowledge of the marketplace for bed repair services and none found other vendors who could provide the same level of high quality care that the Lebanon, PA VAMC has previously received.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Facility staff familiar with bed repair services have stated no knowledge of any other vendor capable of providing the same service that efficiently exists. Since all replacement parts must be new and warrantied by the original equipment manufacturer (OEM), as the sole source provider for the repair service, Hill-Rom would have the greatest access for acquiring replacement parts that meet these specifications.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: An informal quote from Hill-Rom was obtained. Hill-Rom was the previous contract holder and was expecting to continue their efforts moving forward since both parties have been satisfied.

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: A sole source effort is required for the entirety of the five-year contract due to the inherent nature of needing planned patient care for Veterans. The risk of broken beds accumulating and not being efficiently repaired increases the likelihood of delaying or denying patient care to Veterans when a certified vendor is unable to repair or diagnose issues in a timely manner.

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.