FAR6_JA_OVER_SAT - Hill Rom - Redacted- APPROVED.pdf

OFOC SOP Revision 11 Page 1 of 3 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C250-21-AP-4121

1. Contracting Activity: Department of Veterans Affairs, VISN 10, Louis Stokes Cleveland VA Medical

Center (VAMC) will enter into a construction contract that requires the procurement of this item which requires justification for other than full and open competition. The 2237 associated with this procurement is 541-22-1-5986-0004.

2. Nature and/or Description of the Action Being Processed: This project is named “Renovate Sleep & Home Oxygen Areas.” This project’s SOW includes all labor, material, equipment and supervision to perform the required construction work on this project. The goal of this project is to consolidate the the Sleep Service’s bed space on the 2nd floor of the facility. In addition, this project will completely renovate home oxygen and pulmonary spaces (clinical/offices), to include an enlarged waiting room.

This sole source justification is for the proprietary labor and compenent necessary to efficiently operate the renovated space.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Hill-Rom Nurse Call system is the current nurse call system used throughout the VAMC through a network of connected devices. This renovation project will require new annunciators, patient stations, duty stations, call and dome lights, and remote locator receivers that are proprietary in nature. High levels of patient care and safety are a priority for the VAMC. A functional, reliable nurse call system is a critical tool in that effort. The estimated value of the proprietary labor and components is $

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(1), as implemented by FAR 6.302-1.

(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;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): As mentioned above, the Hill- Rom Nurse Call System is critical to providing reliable consistent care to VA patients. This system can be classified as a major system in that it a critical component directly affecting patient care within VAMC, and is highly specialized in that it ensures patient’s needs are met in a timely manner, https://www.acquisition.gov/content/part-6-competition-requirements

OFOC SOP Revision 11 Page 2 of 3

Revision 11 Date: 02/11/2021 especially in an emergency. Patient care and safety remain at the forefront of decisions when selecting nurse call systems. To add in components from another manufacturer would be extremely disruptive to the VAMC and reduce nurse call system reliability to an unacceptable level and/or void any warranties in place. Furthermore, changing to a different nurse call system will result in substantial cost duplication since there is still significant time left in the current system’s life span.

The new components mentioned in section 3, will allow the facility to expand and renovate as required and maintain the ability to meet patient care and safety requirements. The ability for patients to quickly, and reliably summon help within the VAMC is essential to ensure the VA’s patients, are protected and adequately cared for. Accordingly, the Hill-Rom nurse call components are the only ones capable of meeting the VAMC’s needs without substantial duplication of cost, that would not be offset by creating a competitive environment.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: The overall construction procurement will be competed and synopsized on SAM.gov as a SDOVSB set-aside and will indicate the requirement for brand name specification forHill-Rom nurse call system. Since a potential construction contract will be firm fixed price, through a competitive sealed bidding solicitation effort, the bidders are incentivized to attempt locate the supplier that will provide the Hill-Rom nurse call components at the most economical price.

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

Reasonable: It is anticipated that two (2) or more bids will be received through the sealed bidding process. If two (2) or more bids are received than the cost of the entire project is likely to be considered fair and reasonable to the VA based on competition.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: The VAMC investigated the service life of the Hill-Rom nurse call system. The VAMC determined that the system has significant service life left. Furthermore, as mentioned in section 5 above, adding components from another manufacturer would negatively affect patient care and safety, particularly in a medical emergency. Therefore, no market research into competing systems was conducted.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The project’s specifications, drawings, and engineering descriptions, could not be made suitable for full and open competition because of the large duplication of cost issue discussed in section 5 of this document.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: None as of yet. It is expected that upon the release of the project’s pre-solicitation notice, some SDVOSB construction firms will declare their interest.

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: No ac-tions are planned to overcome barriers to competition, because the VAMC is pleased with the current nurse call system, and it has enough service life left that, it is more cost effective to not remove barriers to competition for this specific system.

OFOC SOP Revision 11 Page 3 of 3

Revision 11 Date: 02/11/2021

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.

Daniel W. Ramer Date Chief, Architecture and Design Louis Stokes VA Medical Center

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.

Brian S. Kish Date Contracting Officer Network Contracting Office (NCO 10

11/5/2021 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx