JOFOC - Bed-Stretcher Maintenance - SIgned BY HCA.pdf

Part 806.3 Other Than Full and Open Competition (OFOC) Attachment 7: Request for Sole Source Justification Format >SAT

Rev: 13 Effective Date: 02/01/22 Page 1 of 4

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C248‐22‐AP‐6455 Beds/Stretchers Maintenance for Bay Pines VA Health Care System

1. Contracting Activity: Department of Veterans Affairs, VISN 8, Bay Pines VA Health Care System

(BPVAHCS) located at 10000 Bay Pines Blvd, Bay Pines, FL 33744. This is a Justification for Other Than Full and Open Competition for Bed & Stretcher Maintenance/Repair Service. The applicable 2237 for the requirement is 516‐23‐1‐2071‐0017.

2. Nature and/or Description of the Action Being Processed: This is a request for other than full and open competition for the procurement of a service agreement for preventative maintenance inspections and repairs of Stryker Corporation hospital beds and stretchers at BPVAHCS. This is a new requirement and firm fixed‐priced contract planned. FITARA approval is not required based on the PSC. The proposed purchase shall be provided to Stryker Corporation, 1901 Romence Road Parkway, Portage, MI 49002 from approximately 12/1/2022 through 11/30/2023 with the provision of four (4) option years.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: BPVAHCS requires preventative maintenance inspections and repairs on the following of Stryker equipment:

Item Quantity Model Model Description Years Total

1 145 3005 S3 5 $440,945.00

2 3 1061 Gynnie OB/GYN Stretcher 5 $9,084.00 3 56 1125 Prime Zoom 5 $182,045.00 4 1 5051 Eye Stretcher Chair 5 $3,340.00 5 2 5051 Stretcher Chair 5 $6,680.00 6 55 1115 Prime Big Wheel 5 $177,928.00 7 7 1089 Eye Surgery Stretcher 5 $22,603.00 8 112 FL28 GoBed 5 $315,504.00

Total Discount

$1,158,129.00 20%

Final Total $926,503.20

Estimated Period of Performance:

Year POP $

Base 12/1/2022 – 11/30/2023 $185,300.64

OY1 12/1/2023 – 11/30/2024 $185,300.64

OY2 12/1/2024 – 11/30/2025 $185,300.64

OY3 12/1/2025 – 11/30/2026 $185,300.64

OY4 12/1/2026 – 11/30/2027 $185,300.64

Effective Date: 02/01/22 Page 2 of 4

The estimated cost for providing the service is $926,503.20 as the result of a 20% discount as reflected in the Independent Government Cost Estimate (IGCE). Stryker Corporation has no authorized third‐party provider for their “Acute Care” product line. Inspections shall satisfy the annual requirement by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO).

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 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): Due to patents and copyrights, only authorized service providers are authorized to service Stryker Corporation’s “Acute Care” line of hospital beds and stretchers. Stryker Corporation confirms there are no third‐party authorized to service the equipment. Accordingly, Stryker Corporation is the only firm capable of providing the supplies and services described in Section III above without the Veteran's Health Administration experiencing unacceptable delays in fulfilling its requirements.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A VIP search using NAICS code 811210, Other Electronic and Precision Equipment Repair and Maintenance did not identify any SDVOSBs and VOSBs capable of providing the service.

GSA eLibrary search using keyword “Stryker” identified multiple schedules from Stryker Corporation.

However, after discussing with the Stryker representative and reviewing contract line items, a task‐ order would not be appropriate for this service.

A search of SBA QMR took using NAICS code 811210 and keywork “Stryker” did not identify any SBs capable of providing the service.

A search of google.com identified two (2) vendors (Stryker Corporation and Emeritus Clinical Solutions, Inc.). The Stryker’s website was reviewed. Emeritus is not an authorized third‐party for Stryker’s “Acute Care” line of products. The Stryker’s “Acute Care” line of products is the equipment at BPVAHVS, that will be serviced using proprietary diagnostics/tools and entails patents and copyrights for the tooling involved.

A sole source letter was updated to the action briefcase as “P11 – Proprietary Letter.” Stryker Corporation provided a proprietary letter dated 8/2/2022, pertaining to the patents and copyrights of the “Acute Care Parts and Service.” Stryker’s medical division is the sole source distribution and manufacturer of parts for Stryker’s Acute Care products, due to proprietary tools and diagnostics.

Effective Date: 02/01/22 Page 3 of 4

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The total estimated cost for the service is $926,503.20. The pricing will be determined to be fair and reasonable by comparison with similar contracts with Stryker Corporation utilized by another VA Medical Center.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: See Section 6. Due to proprietary rights, no competition is anticipated.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The Stryker Corporation provided a proprietary letter. The beds and stretchers utilized at BPVAHCS are expensive and using non-authorized vendors to perform repairs would void warranties and may compromise the integrity of the critical equipment.

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

Emeritus Clinical Solutions, Inc. (SDVOSB), 17 Indian Trail, Rockwall, TX 75087 Stryker Corporation (LB), 1901 Romence Road Parkway, Portage, MI 49002

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 known barriers, as the reason for this sole source are patents and copyrights associated with Stryker Corporation’s “Acute Care” line of hospital equipment.

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.

Name: Jeremy Davis Date Title: Biomedical Engineer Facility: BPVAHCS

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.

Name: Annette Whitfield-Johnson Date Title: Contracting Officer Facility: NCO8-BP

Jeremy D.

Davis 903401

Digitally signed by Jeremy D. Davis 903401 Date: 2022.11.04 08:57:21 -04'00'

ANNETTE

WHITFIELD-

JOHNSON

Digitally signed by

ANNETTE WHITFIELD-

JOHNSON

Date: 2022.11.04 09:04:05 -04'00'

Effective Date: 02/01/22 Page 4 of 4

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.

Name: Adam Speert Date Branch Chief, Services

NCO8-BP

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.

Name: Joseph Maletta, Director Date VHA Head of Contracting Activity (HCA)

ADAM D.

SPEERT 1672092

Digitally signed by ADAM

D. SPEERT 1672092

Date: 2022.11.04 09:39:36 -04'00'