LS Justification_AED BPA 2021_signed.pdf

LIMITED SOURCES JUSTIFICATION

under FAR 8.405-6(a)(1)(C)

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING

ACTIVITY:

Requesting Agency:

USDA APHIS MRPBS EMMSD

4700 River Road Riverdale, MD 20737

Contracting Activity:

USDA, APHIS, MRPBS, AAMD

Minneapolis Procurement Branch 250 Marquette Avenue, Suite 410 Minneapolis, MN 55401

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING

APPROVED:

Due to the circumstances described in the following paragraphs, the APHIS EMSSD Safety, Health and Environmental Protection (SHEP) program requests an automated external defibrillator (AED) acquisition including accessories, support, maintenance and training be acquired using a noncompetitive procurement in support of program mission requirements (i.e. safety best practices, delivery of timely services, etc.)

3. A DESCRIPTION OF THE SUPPLIES, EQUIPMENT, OR SERVICES

REQUIRED TO MEET AGENCY NEEDS (INCLUDING THE ESTIMATED

VALUE OF THE ACQUISITION INCLUSIVE OF OPTIONS):

A description of required services includes facility site assessments, purchase of AEDs, storage compartment and mounting and other supplies for individual facilities, personnel training comprised of annual CPR, First Aid and Blood-borne Pathogens training resulting in AHA certification points and device support services. The AED materials and training and support services further APHIS’s ability to provide proactive safety services and necessary training to ensure a safe work environment for its employees.

The total value of the awarded Blanket Purchase Agreement (BPA) with Stryker Sales, LLC awarded on 5/4/21 is not-to-exceed $750,000.00.

4. IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING

NONCOMPETITIVE ACQUISITIONS:

FAR 8.405-6(a)(1)(C) - The initial GSA procurement of AEDs was awarded under full competition to Medtronic back in 2005. This a logical follow-on to the original Federal Supply Schedule order. A more recent previous logical follow-on blanket purchase agreement (BPA# AG-6395-B-15-0038) was contracted between APHIS and Physio-Control of Redmond, Washington back in 2015 with total BPA costs not to exceed $650,000.00.

Physio Control was a Medtronic AED division that was sold-off in 2012. Physio- Control has since been acquired by Stryker,

5. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE, AND THE BASIS FOR THAT DETERMINATION:

The costs offered under the Stryker BPA (12639521A0027) will be fair and reasonable to the Government as the costs are being offered at discount to the GSA product rates (3%) and the open market rates (15% to 20%) where GSA rates are not available. The CO has concluded that the FSS represents the best value and results in the lowest overall cost estimate (considering price, previous history with vendor, admin cost, etc.) to meet the Government’s needs.

6. A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AMONG

SCHEDULE HOLDERS AND THE RESULTS OR A STATEMENT OF THE

REASON MARKET RESEARCH WAS NOT CONDUCTED:

Market research included a review of approved Government vendors providing goods and services under contract specific product codes and unit costs by code.

The search was supplemented by an open market search for AED vendors providing the same or similar services to determine if fair open market competition was available.

A vendor assessment completed in March 2020 for the AED provisional market indicated that similar vendors would only be able to provide a select number of services under the SOW and limited training. The provision of AHA certification in conjunction with the training was also not readily available within the vendor market. The current vendor, Stryker/Physio-Control, can continue to provide the full scope of requested services required for the APHIS AED program at costs below the GSA product pricing.

7. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION:

The current vendor (Stryker/Physio-Control) can provide all services requested under the SOW at a discounted cost to the Government. Additionally, Physio- Control is a subsidiary of Stryker, the manufacturer of the provided AED equipment. This enables the vendor to obtain materials at a market cost and replacement parts expeditiously without overhead fees. Service personnel are trained directly by the manufacturer in the operation and maintenance of the equipment and the same train APHIS AED personnel on the operation of the equipment.

Furthermore, APHIS has approximately 125 Medtronic/Physio-Control AEDs located in over 100 facilities with over 800 employees trained to use the equipment. According to the Federal Occupational Health’s Public Access Defibrillation Guidelines, the use of a single brand of AED within a facility greatly simplifies the training, maintenance and data management required for the AED. Due to the national management of the APHIS AED program, the same advantages apply jointly to all APHIS facilities and contributes to renewed safety because employees only need to be trained on one device yet, if necessary, can also use the devices in any location

8. A STATEMENT OF THE ACTIONS, IF ANY. THE AGENCY MAY TAKE

TO REMOVE OR OVERCOME ANY BARRIERS THAT LEAD TO THE

RESTRICTED TO CONSIDERATION BEFORE ANY SUBSEQUENT

ACQUISITION FOR THE SUPPLIES OR SERVICES IS MADE:

There are no actions proposed to overcome barriers to competition. The absence of competition is a result of open market vendors’ choices to provide or not to provide the requested materials and training and is not the result of technical or market limitations.

9. I HEREBY CERTIFY THAT THE INFORMATION PROVIDED IN THIS

LIMITED SOURCES JUSTIFICATION IS ACCURATE AND COMPLETE

TO THE BEST OF MY KNOWLEDGE AND BELIEF.

Michael Chiodi Date Elizabeth Roether Date Contracting Officer Program Manager Minneapolis Procurement Branch Riverdale, Maryland, USA

Elizabeth Roether Digitally signed by Elizabeth Roether Date: 2021.05.19 12:35:33 -04'00'