JA - ARJO CEILING LIFTS - PHILADELPHIA_Redacted.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For

Exception to Fair Opportunity Memo

2237 Funding ID: 642-22-3-315-0254

1. Contracting Activity: Department of Veterans Affairs, VISN 4, VA Philadelphia Medical Center, Philadelphia, PA 19104.

2. Description of Action: VA Philadelphia Healthcare System has a new brand name only requirement for 21 Overhead Patient Lifts installed by OEM trained engineers. The required items are available from Arjo.

3. Description of Supplies or Services: VA Philadelphia requires full installation of new overhead patient lifts for the first completed phase of the Community Living Center (CLC) project. The CLC will require both bariatric and non-bariatric overhead lift systems. Arjo ceiling struts were already installed as part of the ongoing construction project. Additionally, a prior purchase of these lifts included the necessary steelwork for this space. This procurement covers any missing steel needed for rail positional changes, any strut work required for new drawing changes, motors (currently stored ones are aged), and infection control hanger bars. This procurement must be compatible with the existing available steel. This compatibility validates the brand specific need for procurement of the Arjo patient lift systems. The estimated value of the proposed action is

4. Statutory Authority: The statutory authority permitting an exception to fair opportunity is Section 41 U.S.C. 4106(c) as implemented by the Federal Acquisition Regulation (FAR) Subpart 16.505 Subpart 16.505(b)(2)(i):

(X) FAR Subpart 16.505(b)(2)(i)(A): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

(X) FAR Subpart 16.505(b)(2)(i)(B): Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

(X) FAR Subpart 16.505(b)(2)(i)(C): The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

( ) FAR Subpart 16.505(b)(2)(i)(D): It is necessary to place an order to satisfy a minimum guarantee.

( ) FAR Subpart 16.505(b)(2)(i)(E): For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source”. The statutory authority permitting an exception to fair opportunity for this action is 38 U.S.C. 8127(c), known as the Veterans First Contracting Program which provides the authority to directly contract with a Service- Disabled Veteran-Owned Small Business (SDVOSB) or a Veteran-Owned Small Business (VOSB).

( ) FAR Subpart 16.505(b)(2)(i)(F) In accordance with section 1331 of Public Law 111-240 (15 U.S.C.

644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply.

5. Rationale Supporting Use of Authority Cited Above: This is a brand name justification in support of FAR 11.105, Items Peculiar to One Manufacturer. The current infrastructure plan and design was created by Arjo. The original lift components that were purchased for this space and some which were installed already are Arjo specific. Additionally, under FAR Subpart 16.505, this is urgent need for this fiscal year to prevent delays to the already 10-year delayed Community Living Center (CLC) construction project. The 10-year-old design is centered around Arjo specific lifts. Changing the design would require prior year funding that is unavailable, thereby, further delaying the re-opening of this space. Under FAR Subpart 16.505, this is fiscally in the best interest of the government as the government made a procurement under V797P-4397A, order No. VA 642-A00680 and 642-A10446, of which provided the necessary steelwork needed for this project. Switching brands would result in this prior purchase being voided as additional steelwork, planning, design and labor will be needed for this space to activate.

6. Efforts to Obtain Competition: Market research was conducted on the internet, Vetbiz and FPDS. Based on the research there only two Contractor that can provide the needed patient lifts Arjo the manufacturer, and Alliant the SDVOSB distributor. In accordance with the Nonmanufacturer Rule, since there is no waiver in place a SB set-aside cannot be used for this procurement. The functionality and needs required by VA Coatesville points to Arjo being the only provi

7. Actions to Increase Competition: This is a need that is brand specific. In the future when more time, planning, and funds become available, VA Philadelphia can engage in further market research to identify all available vendors.

8. Market Research: Market research was conducted; results of the research show that there is no authority to set-aside the procurement under the Nonmanufacturer Rule. The functionality and needs required by VA Philadelphia points to Arjo being the only provider. Installation of the lift must be completed by an engineer from Arjo.

9. Other Facts: Only Arjo distributors can provide the necessary hardware and field service personnel to install this equipment. If the contractor is not a certified distributor, they will not have access to the required documentation and configurations in order to install this equipment successfully and safely.

Authorized distributors utilize Arjo field service personnel to complete the install

10. Technical and Requirements Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

NICOLE A.

Digitally signed by NICOLE

A. SALERNO 1575432

SALERNO 1575432 Date: 2022.08.24 07:27:23

_______________-0_4 _' 0 _0 ' ___________ ________________________ Nicole Salerno Date Assistant Chief Biomedical Engineer VA Philadelphia Medical Center

11. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief

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

Digitally signed by

ANDREA AULTMAN-SMITH

AULTMAN-SMITH Date: 2022.08.24 08:29:45 ___________________-_0 4_'_0 0_'_ __ __ _ ________________________ Andrea Aultman-Smith Date NCO4, Contracting Officer

13. Approvals in accordance with VHAPM Part 816.505 Indefinite Delivery Contracts: Ordering.

a. One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Caroline L.

Robinette

Digitally signed by Caroline L. Robinette 135596 Date: 2022.08.22 10:33:56

_1_3_5_5_9_6_________-_04_'0_0'___________ ________________________ Caroline Robinette Date NCO4, Branch Chief