Attachment 6 - Brand Name JA.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For Other Than Full and Open Competition

1. Contracting Activity:

Veterans Health Administration (VHA), Program Contracting Activity Central (PCAC).

The proposed procurement, Request for Proposal (RFP) is for the “Renovate Sterile Processing Services (SPS)” at John L. McClellan VA Medical Center (VAMC) (JLM).

2. Nature and/or Description of the Action Being Processed:

This justification is to support the Renovate SPS at John L. McClellan VA Medical Center (JLM VAMC) that will be awarded as a firm-fixed price contract. This justification is for other than full and open competition for the procurement of brand name items particular to one manufacturer. The use of a particular brand name for the item listed below accommodates standardization throughout the facility.

a. Steris Trailers – Sterile Processing Mobile Services

i. Steris Mobile Sterile Processing Trailers.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

This procurement is to Renovate the Sterile Processing Services (SPS) workspace at John L. McClellan VAMC (JLM VAMC). The scope includes everything necessary to provide mobile sterile processing services that meets the requirements of the Department of Veterans Affairs. There is one (1) brand name system listed for which the VA is not able to accept equal or alternate items. The Steris Trailers will be utilized while the Sterile Processing Services areas are being renovated. The General Contractor will be responsible for rental of these trailers until the renovation is complete and accepted by the JLM VAMC.

a. Steris Trailers – Sterile Processing Mobile Services

i. Steris Mobile Sterile Processing Trailers.

ii. Unique Qualifications: This product, Steris Mobile Sterile Processing Trailers is the only product that allows for a complete sterile processing system that the VA personnel to provide the services for surgical and other evasive procedures required at the JLM facility.

iii. Steris Trailer Rental Price:

4. Statutory Authority Permitting Other than Full and Open Competition:

(X) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per FAR 6.302-1; 41 U.S.C. 3304(a)(1) The Justification and Approval supports a brand name item particular to one manufacturer.

() (2) Unusual and Compelling Urgency per FAR 6.302-2;

() (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;

() (4) International Agreement per FAR 6.302-4 () (5) Authorized or Required by Statute FAR 6.302-5;

() (6) National Security per FAR 6.302-6;

() (7) Public Interest per FAR 6.302-7;

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

This system and equipment have been standardized throughout the Sterile Processing Services at John L. McClellan VA Medical Center (VAMC). Installing a different manufacturers’ system will create significant duplication in cost for the facility, and in most cases the equipment will not function properly. The specific impact for not using the brand name item is listed below:

a. Steris Trailers – Sterile Processing Mobile Services

i. Steris Mobile Sterile Processing Trailers

ii. Impact: An incompatible system will require re-training. The Policy and sterile procedures would have to be rewritten before other than brand name may be used.

The VA personnel are completely trained on Steris equipment, the policy and procedures reflect best practice at the JLM VAMC, any other manufacturer will cause an increase in delays for sterile processing and would cause delays in the surgical and other evasive procedures performed at the JLM VAMC. The Steris trailers will provide all tools and equipment to allow VA personal to perform their daily functions in support of surgery and endoscopic procedures throughout the main VA hospital and in support all CBOC’s during the renovation process. The VA owned equipment will be placed into storage until the end of the construction project. After construction the VA owned equipment will be reinstalled and placed back in service.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

In accordance with the Competition in Contracting Act (CICA), the component listed above is identified as brand name; however, the overall procurement will be competed as a Service-Disabled Veteran-Owned Small-Business (SDVOSB) Set-Aside. This Justification for Other Than Full and Open Competition will be posted to Contract Opportunities with the solicitation.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable:

John L. McClellan VAMC Engineering provided a complete government estimate. The anticipated price to the Government for the item requested to be brand name is approximately

The item for which brand name approval is being requested is a subsequent component to the overall construction project. This procurement will be competed and based on competition; the Contracting Officer will make a determination of fair and reasonable pricing prior to award.

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

Market Research Was Not Conducted:

The construction project will include a competitive, SDVOSB set-aside; however, a portion of the project specifically requires the prime contractor to use a brand name product to ensure standardization for the VA facility. Market research was conducted, various techniques were used in accordance with FAR Part 10, these methods included: Sources Sought was posted to Beta SAM on October 29, 2020 to advertise the upcoming procurement and to gauge the interest in the project.

The responses were due back on November 09, 2020. The Vendor Information Page (VIP) search for NAICS code 236220 in Arkansas and the surrounding states of Kansas, Mississippi, Oklahoma, Tennessee, Louisiana, Missouri, Alabama, and Texas for SDVOSBs returned 920 results.

A total of nine hundred twenty (920) SDVOSBs were contacted directly via email on October 29, 2020 as a result of the VIP search as stated above. Competing firms will deliver fair market prices for the system and item listed as it is common and uses standard off the shelf components. The Contracting Officer and COR are in concurrence with information provided. Approval of the item as brand name only is critical for the overall efficiency of the completed project and the JLM VAMC facility.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

The mobile sterile processing trailers will provide a seamless transit from working with current equipment in the SPS area to temporary facilities to provide and seamless service to the surgical and other evasive procedures performed at the VAMC. At this time, there are no competing vendors whose products are fully compatible with the existing systems being used at the John L. McClellan

VAMC.

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

Contractor VIP Verified SDVOSB Advon Corporation Yes AVCOR Construction Yes Billy W. Jarrett Construction Company, Inc. Yes Contego Environmental, LLC Yes DAX GBAB JV, LLC Yes ELA Group, Inc Yes Green Leaf Builders Yes Guarantee Interiors, Inc Yes Onsite Construction Group, LLC Yes

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:

After renovation all VA owned equipment will be reinstalled and placed back into service.

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.

C. Richard Palmer Jr. Date Contracting Officer’s Representative John L. McClellan VA Medical Center

1. Approvals in accordance with FAR 6.304

a. Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Andrea Fink Date Contracting Officer VHA Program Contracting Activity Central (PCAC)

Chester R. Palmer 1613260 Digitally signed by Chester R. Palmer 1613260 Date: 2021.02.08 09:39:20 -06'00'

Andrea L. Fink 198348 Digitally signed by Andrea L. Fink 198348 Date: 2021.02.08 10:47:38 -05'00'