Justification.pdf

Request for Limited Sources Justification >SAT

Effective Date: 02/01/2022 Page 1 of 3

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID: 36C262-23-AP-6394

(1) Contracting Activity: Department of Veterans Affairs (VA), Network Contracting Office 22 (NCO 22), located at 4811 Airport Plaza Drive, Suite 600, Long Beach, CA 90815, seeks to procure the services listed in purchase request 691-23-3-136-0098 in support of Veterans Integrated Service Networks (VISN) 22 Greater Los Angeles Health Care System (VAGLAHS).

(2) Description of Action: This acquisition is conducted under the authority of the Multiple- Award Schedule Program (41 U.S.C. 152(3) and 40 U.S.C. 501). The VA, VISN 22, NCO 22 has a new requirement which needs justification and approval for a three (3) month interim period action for the lease of Specialty Mattresses and Beds.

Order against: FSS Contract Number: V797D-50583

Name of Proposed Contractor: Agiliti Health, Inc.

Street Address: 6625 W 78th Street, Suite 300

City, State, Zip: Minneapolis, MN 55439

Phone: 952-893-3238

(3) Description of Supplies or Services: The estimated value of the proposed action is $346,425.00.

VAGLAHS are seeking to continue rental services for specialty beds and mattresses while the agency transitions patients from the current contract to a new base plus four (40 option year contract to meet this continuing on-going requirement. The vendor will supply mattresses/ overlays, trapeze systems and patient bed rental accessories which includes replacement and repair of existing bed products in the facilities. The period of performance will be from 06/28/2023 to 09/30/2023.

(4) Identify the Authority and Supporting Rationale :

FAR 8.405-6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays: the VA are currently renting specialty bed and mattress services from Agiliti with a continuing medical need existing that warrants keeping the service in place. VAGLAHS, who have the subject matter expertise to prescribe bed characteristics to best satisfy the medical condition of patients, have vetted and requested, in https://www.acquisition.gov/far/part-8#FAR_8_405_6 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-chap5-subchapI-sec501.pdf https://www.acquisition.gov/far/part-8#FAR_8_405_6

Effective Date: 02/01/2022 Page 2 of 3 the interest of patient health and welfare, an interim contract as medical necessity to keep patients in bed without interruption of services. VAGLAHS requires the incumbent to keep the assets and service in place to allow the systematic transfer from leased beds to the use of Government Owned beds without imposing unacceptable delays and undue burdens in the way of Veteran care.

FAR 8.405-6(a)(1)(B): Only one source is capable of providing the supplies and services required at the level of quality required because the supplies and services are highly specialized;

FAR 8.405-6(a)(1)(C): In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures.

FAR 8.405-6(b): Items peculiar to one manufacturer:

A patent, copyright or proprietary data limits competition. The proprietary data is:

These are “direct replacements” parts/components for existing equipment.

The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing.

(5) Describe Why You Believe the Order Represents the Best Value consistent with FAR 8.404(d) to aid the contracting officer in making this best value determination: Market research was conducted to determine if viable alternatives exist other than single sourcing that would not conflict with VAGLAHS determination of what constitutes favorable Veteran Patient Care. While alternatives exist, Best Value through competition will not be achieved due to time delays for solicitations and evaluations of alternative sources creating undue burdens and possible loss to the Government for this interim period request.

The CO concluded that limiting sources to the incumbent represents the best value due to urgent circumstances surrounding this requirement.

(6) Describe the Market Research Conducted: The Contracting Officer (CO) conducted market research In Accordance With (IAW) FAR Part 10 to determine if viable alternatives exist, other than single sourcing, that will not conflict with VAGLAHS determination on Veteran Patient Care.

Market research sources used include VA Vendor Information Pages (VIP), Federal Prison Industries Inc. (FPI), Ability-One, VA National Acquisition Center Contractors (NAC), Strategic Acquisition Center Contractors (SAC), Federal Procurement Data System (FPDS), GSA, NASA https://www.acquisition.gov/far/part-8#FAR_8_405_6

Effective Date: 02/01/2022 Page 3 of 3

SEWP, Small Business Administration (SBA) Dynamic Small Business Search (DSBS), Multi- Veteran Integrated Service Network (VISN), Single-VISN, and/or locally awarded Blanket Purchase Agreements (BPA). While alternative sources exist, Best Value will not be achieved due to time delays for solicitations and evaluations of alternative sources creating undue burdens and possible loss to the Government for this interim period request.

(7) Any Other Facts Supporting the Justification: None.

(8) A Statement of the Actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made: NCO (22) will continue to conduct market research resulting in a competing solicitation and award of an order that meets the planned acquisition requirement of the VAGLAHS. During the interim award period

(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. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4.

(10) Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Edgar Alvizar DATE Contracting Officer

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K):

I certify the justification meets requirements for other than full and open competition.

Cecil Nichols DATE Branch Chief, Supply Team 2 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM2/VHAPM_Part_806.3.aspx