Limiting_Sources_Justification_OVER_SAT.pdf

VHAPM Part 808.405-6 Limiting Sources Attachment 2: Request for Limited Sources Justification Format >SAT

VHAPM Part 808.405-6 Limiting Sources Page 1 of 4 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID: 36C249-20-AP-3422

(1) Contracting Activity:

Department of Veterans Affairs, VISN 9, 603 Louisville VA Medical Center, 1639 Medical Center Parkway, Suite 400, Murfreesboro, TN 37129 Identify purchase request (i.e. 2237) number: 603-20-4-084-0614

(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 action being reviewed and approved will be awarded a new requirement against original Federal Supply Schedule (FSS) order number.

Order against: FSS Contract Number: V797P-2239D

Name of Proposed Contractor: GE Medical Systems Information Technologies, Inc.

Street Address: 9900 Innovation Drive

City, State, Zip: Wauwatosa, WI 53226-4856

Phone: 859-494-9617

(3) Description of Supplies or Services:

The estimated value of the proposed action is $ 566,464.04

The proposed action is to procure GE Carescape Monitoring System for Louisville VAMC.

Louisville VAMC is currently utilizing this system in the emergency room and now need to be upgraded and procure new equipment.

(4) Identify the Authority and Supporting Rationale (see below and if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

FAR 8.405-6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays:

This requirement is urgent and compelling due to the COVID-19 pandemic. The emergency room monitoring system need to be upgraded and new equipment procured. The emergency room is being expanded to meet the demand of the COVID-19 pandemic.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-chap5-subchapI-sec501.pdf

VHAPM Part 808.405-6 Limiting Sources Page 2 of 4 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020

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

Supplies offered on the schedule are listed at fixed prices. GSA has already determined the prices of supplies under schedule contracts to be fair and reasonable. By placing an order against a schedule contract using the procedures in 8.405, the ordering activity has concluded that the order represents the best value (as defined in FAR 2.101) and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs. Although GSA has already negotiated fair and reasonable pricing, ordering activities may seek additional discounts before placing an order (see 8.405-4). An additional trade-in credit will be applied. This representing the best value for the Government.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted.

Market research was conducted pursuant to FAR 10, details of which are included in the contract file. To meet the VA Rule of Two, a review of the Vendor Information Pages (VIP) database in accordance with VAAR Class Deviation 810.001-70 to determine if two or more service-disabled veteran-owned businesses (SDVOSBs) and veteran-owned small businesses (VOSBs), in the appropriate NAICS code, are listed as verified in the VIP database. Based on the market research conducted, no two or more VIP verified and capable SDVOSBs or VOSBs were identified and appeared capable of performing the requirement. In addition, no small https://www.acquisition.gov/content/part-8-required-sources-supplies-and-services#i1117528 https://www.acquisition.gov/content/part-2-definitions-words-and-terms#i1125359 https://www.acquisition.gov/content/part-8-required-sources-supplies-and-services#i1117802

VHAPM Part 808.405-6 Limiting Sources Page 3 of 4 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020 businesses were identified in any of the other targeted socio-economic groups appeared to qualify for a set-aside or sole source procurement. However, due to the urgent and compelling need for this requirement competitive procedures will not be used. This requirement will be awarded IAW FAR 8.405-6, Limiting Sources. This market research information is not more than 12 months old.

(7) Any Other Facts Supporting the Justification:

No small business in any of the other targeted socio-economic groups appeared to qualify for a set-aside or sole source procurement IAW the Non-Manufacturer Rule 13 CFR 121.406 requirements, no other firm can provide this end product.

(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:

Although GE Medical Systems Information Technologies, Inc. is manufacturer of the Carescape monitor system, VA will contact the vendor to see if they have any eligible small business capable of providing in the future. Further, when the equipment is recompeted, other vendors may have the opportunity to compete.

(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. (This signature is the requestor’s supervisor, fund control point official, chief of service or someone with responsibility and accountability.)

SIGNATURE DATE

TRACY PUTMAN ADMINISTRATIVE OFFICER EMERGENCY MEDICINE SVCS

NAME TITLE SERVICE LINE/SECTION

ROBLEY REX VA MEDICAL CENTER

FACILITY

August 13, 2020

VHAPM Part 808.405-6 Limiting Sources Page 4 of 4 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020

(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.

CONTRACTING OFFICER/DESIGNEE’S SIGNATURE DATE

LaShanda Harrington, Contracting Officer NCO 9

NAME AND TITLE FACILITY/NCO/PCO

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $700K):

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

SIGNATURE DATE

Monica Thompson

NCO 9

Branch Chief – Supply West

NAME

NCO/PCO XX Duty Title

August 13, 2020 https://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx https://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx