C01 - J_A Redacted.pdf

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

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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;

5.

Use of the Authority Cited Above (applicability of authority):

In December of 2019, a new strain of the Coronavirus (SARS-CoV-2) also referred to as COVID-19 was discovered in Wuhan, China. The first case was discovered in the United States on January 21, 2020. During the COVID-19 response it was identified that a Mobile Field Hospital with intensive care was needed to support the VHA Mission. Senior Leadership tasked the Office of Emergency Management with providing a solution for additional resources that could deploy, provide the required space and equipment, and be transportable into the impacted area to fulfill the mission.

This Medical Surgical Units will be pre-positioned based upon OEM needs and deploy to different locations throughout the United States for COVID-19 response and during other times of need.

These units shall be mobile, allowing for a more rapid response. The Medical Surgical Units will provide a fully contained, hard sided platform allowing medical care to be provided to the Veterans and civilian public in the community.

Due to the SARC-CoV-2 (COVID-19) global pandemic creating a dire need for additional care sites, is extremely urgent.

In July 2018, the VHA Office of Emergency Management (OEM) procured eight (8) C-FORTS to support devasted communities with emergency health care and enhance the rebuilding efforts.

These units were procured from Elite Aluminum. The solicitation for this requirement was posted to the open market on FedBizOpps in June 2018, set-aside 100% for small businesses. These units have deployed to exercises and proof of concepts have been completed. An additional four (4) C-FORTS and two (2) tandem C-FORTS were purchased in August 2019. Extensive market research was conducted prior to the award of the additional units, in June 2019, and the systems provided by three (3) field hospital manufacturers were evaluated. The responses received for these other field hospitals available in the market were unable to provide a complete system without the need for materials handling equipment and additional tools not available at the sites the hospitals deploy to.

In April 2020, the VHA OEM procured a containerized, expandable, self-contained, standalone

Tactical Shelter (C-FORTS) units mentioned above. The complete mobile field hospital includes 9 fold-out medical shelters that contain a minimum of 310 to 320ft2 each. The hospital has an intensive care unit (ICU), a command and control/triage unit, technical units that provide power, water, and oxygen, storage units, a mass fatality unit, and additional power generators to meet the needs of the complete system. The hospital was available for delivery within two (2) weeks from award. Market research from the August 2019 award was utilized due to the unusual and compelling urgency associated with the requirement and the VHAs need for immediate response to the SARC-CoV-2 (COVID-19) global pandemic.

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The sole source vendor for this requirement is the small business manufacturer and can fulfill the requirement in full. The vendor is the only vendor able to provide the Portable Medical Surgical Units with intensive care in the market and includes equipment and supplies for the facility to run immediately upon delivery. The packages can be deployed directly to an affected area immediately upon receipt. Additionally, they are capable of interconnecting with all of the existing systems that were previously procured, as mentioned above.

The complete mobile field hospital includes 9 fold-out medical shelters that contain a minimum of 310 to 320ft2 each as well as two (2) support trailers. The hospital has a Medical Surge Unit (MSU), a command and control/triage unit, technical units that provide power, water, and oxygen, storage units, and additional power generators to meet the needs of the complete system.

The fold-out medical shelters are constructed so that it is reinforced to be able to withstand movement over the road. This reinforcement protects the shelter to maintain walls, roof, and floor. The walls, roof, and floor fold and unfold in a matter that allows the unit to travel within legal dimensions over the road. Additionally, the shelters have the ability to expand and create additional, usable interior space.

The shelters have a mechanism in place that allows it to be leveled on surfaces that consist of hard stand (blacktop, concrete) as well as grass and dirt areas. The shelter is constructed so that a maximum of three (3) unskilled laborers can deploy/redeploy within 45 minutes each.

Each unit includes medical surge units with the capability of treating a minimum of four

(4) patients simultaneously. Each Medical station includes a multi-parameter patient monitor with 12 lead ECG, SpO2, CO2, 2 Temp channels, . It also includes an exam light, and oxygen along with a , shared surgical cart. A crash cart is at each medical station. It includes multi- position patient beds featuring a de-contaminable surface with proper linens, protective pads and patient sanitary care supplies; a surgical sink and patient restroom to minimize the spread of infections; and is outfitted with in-wall medical gas outlets for oxygen, air, and suction.

Each unit is equipped with a command and control/triage unit with a surveillance system; an emergency monitoring system overseeing door access, motion sensors, smoke/fire alarms, carbon monoxide sensors, environmental sensors, manual panic/fire pull stations and fire suppression systems; communication antennas, exterior lighting, and night vision, high resolution, pan-tilt-zoom camera affixed to an exterior mast;

multi-module on-site and off-site communication systems with emergency broadcast capabilities; automated inventory control system-automated utility resources to monitor power generation, water filtration, oxygen generation, fuel levels, water levels; and a break room, restroom and shower area.

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

See section 8 below for detailed efforts to ensure offers will be solicited from as many potential sources as deemed practicable.

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

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The anticipated price to the Government will be determined fair and reasonable by comparing the informal quote received by the Office of Emergency Management to pricing from previous VA

Generation (FPDS-NG)] as well as other methods prescribed in FAR 15.402, as determined necessary. A determination the price is fair and reasonable will be performed before award.

CONTRACT NUMBER DESCRIPTION AWARD VENDOR PRICE

36A77620P0057 Emergency ICU Field 4/2/2020 Elite Aluminum $7,055,000.00 Hospital for COVID-19 36A77619P0061 Mobile Deployable 8/2/2019 Elite Aluminum $4,255,140.00 Medical Units 36C25618P6725 Medical Shelter Exam 9/14/2018 Elite Aluminum $1,194,930 Units 36C24518C0174 Portable Medical Units 8/17/2018 Elite Aluminum $3,179,580.00

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

In accordance with FAR Part 10, market research has been conducted for this acquisition. The following techniques were used:

Contract Opportunities Notice of Intent to Sole Source: A Notice of Intent to Sole Source was published to Contract Opportunities (Beta.SAM.gov) on March 12, 2021 with responses due Wednesday March 17, 2021 at 11:00 AM (Eastern). No responses were received in response to the Notice of Intent to Sole Source.

SDVOSB/VOSB Sources via VetBiz (VIP): In accordance with VAAR Subpart 819.7004, 819.7005, 819.7006

- https://www.vip.vetbiz.va.gov/, a search was conducted on Vetbiz.gov in an attempt to locate Service- Disabled-Veteran-Owned-Small-Business (SDVOSB) and Veteran-Owned-Small Business (VOSB) concerns utilizing NAICS code 332311. This search provided 63 SDVOSB and VOSB vendors. From these results, all SDVOSB and VOSB vendors were contacted via email with a link to the Notice of Intent to Sole Source on Contract Opportunities due Wednesday March 17, 2021 at 11:00 AM (Eastern). No responses were received in response to the Notice of Intent to Sole Source.

GSA eLibrary: https://www.gsaelibrary.gsa.gov/ElibMain/home.do Award Schedule Category 332311P (Pre-Engineered and Prefabricated Buildings and Structures for

VetBiz and zero (0) results were found. PD Systems is not a VetBiz verified SDVOSB or VOSB. The 12

America Corporation. Their website was searched but they do not offer mobile medical units. As a result of the market research conducted on GSA eLibrary, GSA is not an appropriate potential source for this requirement.

Contact with Elite Aluminum: As the provider of the previous mobile medical units under the

Office of Emergency Management prior to the submittal of the package to contracting and was provided with a preliminary quote, the drawings/specifications of the units, and the design drawings/specifications

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Revision 11 Date: 02/11/2021 of the connection concept to connect the units together. The Office of Emergency Management determined Elite Aluminum is capable of providing the units and connectors as required by the Statement of Need.

For previous requirements, Elite Aluminum was contacted by the CS. The CS asked if the Elite Aluminum had any non-proprietary drawings/specifications of the current units that can be used by the Government. The CS asked Elite Aluminum if they had any SDVOSB or VOSB partners/dealers/factory trained staff that can provide the units required. The CS asked if the units are available on their GSA contract and if they are the small business manufacturer of the units. Elite Aluminum responded they do not have any dealers/partners and sell direct to the Government, the units are not available on their GSA contract, and is the small business, original equipment manufacturer of the units.

Previous Market Research Efforts: A Request for Information (RFI)/Sources Sought Notice was published to Federal Business Opportunities (FBO) on June 13, 2019 with responses due Friday June 28, 2019.

Additionally, a search was conducted on Vetbiz.gov in an attempt to locate Service-Disabled-Veteran- Owned-Small-Business (SDVOSB) and Veteran-Owned-Small Business (VOSB) concerns utilizing NAICS code 332311. This search provided 55 SDVOSB and VOSB vendors. From these results, all SDVOSB and VOSB vendors were contacted via email with a link to the RFI/Sources Sought Notice on FBO due Friday June 28, 2019 at 1:00 PM (Eastern). Two (2) responses were received. One (1) response was reviewed to determine potential capability by the technical expert and was determined not capable. The other response did not include the information required to determine if the vendor was potentially capable.

The CO requested the vendor provide additional information; however, the vendor did not respond. The market research conducted in June 2019 indicated there were not two (2) or more concerns capable of providing the required products. As such, the Contracting Officer determined it was in the best interest of the Government to sole source the requirement to Elite Aluminum Products (DBA: Elite Panel Products).

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

Elite Aluminum owns the proprietary drawings/specifications of the current units purchased by the VA and will not sell or authorize other firms to use the drawings/specifications. The shelters come with all required furniture and accessories. The units are deployed by trailer with a standard ball hitch or pintle hook to the disaster area with a small footprint using only integrated mechanisms and without utilizing any additional material handling equipment such as a forklift or a crane. The Portable Medical Surgical Units, manufactured by Elite Aluminum, required by this acquisition is compatible in connecting to the units that were purchased in 2018, 2019, and 2020. Standardization of the medical units will ensure safety for VHA personnel, physicians, and Veteran and civilian patients as the units have been extensively tested and used by VHA personnel. Personnel are familiar with the operation of the units and have the knowledge required for rapid deployment of the units. Rapid deployment of the units ensures medical services are available to Veteran and civilian patients quickly. The deployable equipment will be standardized and it will allow components of one unit to be interchangeable with other units as they are made by the same manufacturer.

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

Elite Aluminum Corporation (DBA: Elite Panel Products)

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:

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To remove or overcome any barriers to competition before future acquisitsions for the same supplies performed in a timely manner to evaluate vendor capabilities with the intent of opening competition to all manufacturers of comparable deployable medical surgical units that can potentially meet the

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.

VA Office of Emergency Management

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

a. I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer Program Contracting Activity Central (PCAC)

b. Director of Contracting: I certify the justification meets requirements for other than full and open competition and recommend approval.

Director of Contracting Program Contracting Activity Central (PCAC)

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 approve ($750K to $75 million) for other than full and open competition.

Executive Director Regional Procurement Office Central (RPOC)