Attachment C Brand Name Only J and A.pdf

OFOC SOP Revision 11 Page 1 of 4 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 5: Request for Sole Source Justification Format >SAT

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

(>SAT)

Acquisition Plan Action ID: 36C258-21-AP-0868

1. Contracting Activity: Department of Veterans Affairs, VISN 22, Tucson Medical Center 2237: 78-21-2-071-0012

Nature and/or Description of the Action Being Processed: The SAVAHCS has a requirement to upgrade the existing Philips Medical System IntelliVue MP70 physiological monitoring devices.

The upgraded monitors must fully integrate with the current Philips Medical Systems PIIC iX central station monitoring network. The primary reason for the upgrade is to replace end-of-life equipment with the Original Equipment Manufacturer (OEM). The upgrade will also provide new technology not resident on the current equipment. This requirement will be awarded as a new firm-fixed price contract. This is a commodities services acquisition.

Description of Supplies/Services Required to Meet the Agency’s Needs: The Southern Arizona VA HealthCare System (SAVAHCS) requires an upgrade to the existing Philips Medical Systems IntelliVue MP70 physiological monitoring devices. The upgraded monitors must fully integrate with the current Philips Medical Systems PIIC iX central station monitoring network. The expected dollar amount for this requirement is $877,865.20. The suggested NAICS code is 339112 – Surgical and Medical Instrument Manufacturing. The expected delivery date is 60 days after receipt of the order (ARO).

2. 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 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The Southern Arizona VA Health Care System (SAVAHCS) has a requirement to upgrade the existing Philips Medical Systems IntelliVue MP70 physiological monitoring devices. The upgraded monitors must fully integrate with the current Philips Medical Systems PIIC iX central station monitoring network. The material/service must be compatible in all aspects (form, fit and function) with existing systems presently

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 5: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 11 Page 2 of 4 Original Date: 03/22/11 Revision 11 Date: 02/11/2021 installed/performing. This requirement is to replace the Intellivue MP 70 series critical care bedside patient monitors with the MX 800 series critical care bedside patient monitors and is highly specialized in its nature. The Government would incur substantial duplication of costs if a new product, along with all the existing infrastructure were to be removed and replaced. The Government would incur undue and unacceptable delays in the medical treatment of veterans if the entire infrastructure and equipment were replaced. For this reason, it is critical that the contractor provided BRAND NAME Philips North America equipment to meet the needs of the Government.

These monitors are part of the larger Philips Intellivue patient monitoring network used throughout the Southern Arizona VA Health Care System. No other product will meet the requirement to fully integrate with the existing Philips Intellivue platform. Accordingly, Philips North America, is the only firm capable of providing the supplies and services described in Section III above without the Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements.

3. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Through market research, Philips North America LLC is the Original Equipment Manufacturer for the required replacement products. Philips, a large company, was contacted to determine if there are any small business concerns that have been authorized to distribute their products. The Government was informed that Four Points Technology, and Alliant Enterprises, LLC, both SDVOSB concerns are authorized distributors of this product line. This requirement will be solicited utilizing NAICS code 339112, Surgical and Medical Instrument Manufacturing. This NAICS code is not resident on the Small Business Administration Non-manufacture waiver listing.

Therefore, a small business set-aside will be utilized. The Contracting Officer has a reasonable expectation that two or more small business concerns will provide offers and that the offers will be made at fair market prices.

4. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer has a reasonable expectation that two or more small business concerns will provide offers and that the offers will be made at fair market prices.

5. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Through market research, Philips North America LLC is the Original Equipment Manufacturer for the required replacement products. Philips , a large company, was contacted to determine if there are any small business concerns that have been authorized to distribute their products. The Government was informed that Four Points Technology, and Alliant Enterprises, LLC, both SDVOSB concerns are authorized distributors of this product line. This requirement will be solicited utilizing NAICS code 339112, Surgical and Medical Instrument Manufacturing. This NAICS code is not resident on the Small Business Administration Non-manufacture waiver listing. Therefore, a small business set-aside will be utilized. The Contracting Officer has a reasonable expectation that two or more small business concerns will provide offers and that the offers will be made at fair market prices. The authority cited for this decision is FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements. As described in Section 6 above, market research, in accordance with FAR Part 10, OFOC SOP Revision 11 Page 3 of 4 Original Date: 03/22/11 Revision 11 Date: 02/11/2021 was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.

6. Any Other Facts Supporting the Use of Other than Full and Open Competition: N/a

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

Four Points Technology, LLC (SDVOSB) Alliant Enterprises, LLC (SDVOSB)

8. 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: N/A

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 and belief.

Richard Harker Date Supervisory Biomedical Engineer SAVAHCS Tucson

10. 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.

Abdalia Smith Date Branch Chief / Supply Branch 2

NCO22G

4/9/2021

RICHARD B.

HARKER 252514

Digitally signed by RICHARD

B. HARKER 252514

Date: 2021.04.09 08:55:25 -07'00'

Abdalia R.

Smith 690283

Digitally signed by Abdalia R. Smith 690283 Date: 2021.04.21 15:40:08 -07'00'

OFOC SOP Revision 11 Page 4 of 4 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

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.

Lori Faber Date Division Chief

NCO22G

c. 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 recommend approval (if over $75 million) or approve ($750K to $75 million) for other than full and open competition.

Sabrina Smith Date Director of Contracting

NCO22G

Lori A. Faber 1550168 Digitally signed by Lori A. Faber 1550168 Date: 2021.04.28 10:33:00 -07'00'